NAPA rejected concerns that a government corporation
would be less accountable to Congress and more
susceptible to special interests, and recommended that
the corporation be headed by a CEO who is appointed by
the president, rather than run by a board of directors.
The panel however recommended an advisory board to give
stakeholders an avenue for input, as well as
establishing a vice president for management in order
to better balance technical and increased managerial
expertise and focus.
A management VP – or within an agency structure, an
associate commissioner for management – could lead to
a “much-needed focal point that will help USPTO manage
its resources more effectively and thus provide the
best service to its customers,” the report said.
The panel also added that it “was struck by the
tension between USPTO management and its largest
union,” and said USPTO management has used the rocky
relationship “to avoid critical issues, such as
redefining the patent examiner bonus system.”
It said top leaders need to show a willingness to
cooperate with union officials, as well as recognize
the need to use all available tools under federal
labor relations law.
