On: Evidence of regulatory capture of patent examiners

[alex_anglin]

On the upside - competitive pay and benefits with industry. Probably a tough sell for many.

On the downside - restrict employment opportunities for X years after being in a specific position.

Clearly both have issues, but regulatory capture is a problem worth solving.

[patentatt → alex_anglin]

Patent examiners top out at like $140’s pretty much. Nobody that’s GS scale makes over $160. Starting salary at big law firms is $180 + bonus. So you have a fair pint there.

Also, as far as time bars, the PTO does something like this. Former examiners are not allowed to apply for a patent for a term after they leave. Doesn’t really solve the problem, but it’s something.

[pwg → patentatt]

The USPTO also bars former examiner's from working as an attorney on cases in the area in which they previously examined for two years after they leave the USPTO. I do not know how carefully this rule is enforced.

[patentatt → pwg]

Good point, I think it’s really on the honor system with the threat of invalidating a patent in some later litigation.