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House hearing probes alleged telework abuses at U.S. Patent and Trademark Office House hearing probes alleged telework abuses at U.S. Patent and Trademark Office
(about 1 hour later)
A top government investigator is telling lawmakers Tuesday that a lax culture at the U.S. Patent and Trademark Office “tolerates” serious employee abuses, including fraudulent claims by patent examiners about the hours they put in when they work from home. A top government investigator told lawmakers Tuesday that a lax culture at the U.S. Patent and Trademark Office “tolerates” serious employee abuses, including fraudulent claims by patent examiners about the hours they put in when they work from home.
In prepared testimony for a House hearing, Commerce Department Inspector General Todd J. Zinser says the agency’s award-winning telework program — under which about half the 8,300 patent examiners work from home — has a dark side because managers are prevented from punishing employees who abuse the freedom they have. In prepared testimony for a House hearing, Commerce Department Inspector General Todd J. Zinser said the agency’s award-winning telework program — under which about half the 8,300 patent examiners work from home — has a dark side because managers are prevented from punishing employees who abuse the freedom they have.
Zinser is offering his assessment at a joint hearing of the House Oversight and Government Reform Committee and the House Judiciary Committee, which are looking into wrongdoing discovered last year during an internal investigation by patent agency officials. Zinser offered his assessment at a joint hearing of the House Oversight and Government Reform Committee and the House Judiciary Committee, which are looking into wrongdoing discovered last year during an internal investigation by patent agency officials.
As The Washington Post reported this summer, the most damaging conclusions of that investigation were removed from the final report before it was provided to Zinser’s office, which had received multiple whistleblower complaints.As The Washington Post reported this summer, the most damaging conclusions of that investigation were removed from the final report before it was provided to Zinser’s office, which had received multiple whistleblower complaints.
In his testimony, published on the committees’ Web sites, Zinser says his office is investigating a dozen fresh reports of fraud by patent examiners. One case allegedly involves an examiner who claimed more than 300 hours of work but was not fired. Another examiner allegedly falsified time and attendance records at a cost to the government more than $24,000. In other cases, examiners’ violations were reported by lower-level supervisors, then “disregarded by more senior management.” In opening remarks at the Tuesday afternoon hearing, Rep. Bob Goodlatte (R-Va.), chairman of the Judiciary Committee, said it was “disturbing” that the management of the Patent and Trademark Office “would not allow a thorough investigation” of the allegations. He said that stand called in question statements by patent office officials that the abuses were only isolated and not systemic.
Patent Commissioner Margaret Focarino is to tell lawmakers Tuesday that her agency “takes [time and attendance abuse] very seriously” and has made changes to “strengthen the oversight and management” of its telework program. These include new training for supervisors and more frequent communication online between managers and examiners. Rep. Gerald E. Connolly (D-Va.) pointed out that some of the most damning charges of telework abuses have been levied by patent office employees themselves, who he said resent having their “reputations dragged through the mud by a small minority of cheaters and bad apples.”
She says in prepared testimony that supervisors can now request computer records of employees they suspect of misrepresenting the time they worked. Such access has long been denied by agency officials. In his testimony, published on the committees’ Web sites, Zinser said his office is investigating a dozen fresh reports of fraud by patent examiners. One case allegedly involves an examiner who claimed more than 300 hours of work but was not fired. Another examiner allegedly falsified time and attendance records at a cost to the government more than $24,000. In other cases, examiners’ violations were reported by lower-level supervisors, then “disregarded by more senior management.”
Focarino acknowledges that the Post report — which detailed allegations that employees had repeatedly lied about the hours they worked, received bonuses for work they did not do, and often escaped discipline — had “raised some serious issues.” Patent Commissioner Margaret Focarino told lawmakers Tuesday that her agency “takes [time and attendance abuse] very seriously” and has made changes to “strengthen the oversight and management” of its telework program. These include new training for supervisors and more frequent communication online between managers and examiners.
“Please be assured that we are taking many important and necessary steps to strengthen our telework program and improve controls,” she says. She said in prepared testimony that supervisors can now request computer records of employees they suspect of misrepresenting the time they worked. Such access has long been denied by agency officials.
Focarino acknowledged that the Post report — which detailed allegations that employees had repeatedly lied about the hours they worked, received bonuses for work they did not do, and often escaped discipline — had “raised some serious issues.”
“Please be assured that we are taking many necessary steps to strengthen and improve” the telework program and controls, she said.
Late last week, patent officials were negotiating with the agency’s three unions over new tools for managers to monitor their staffs. Both versions of the internal review had concluded that labor-management policies in recent years left supervisors with limited access to records that could prove suspected time fraud, resulting in negligible disciplinary action.Late last week, patent officials were negotiating with the agency’s three unions over new tools for managers to monitor their staffs. Both versions of the internal review had concluded that labor-management policies in recent years left supervisors with limited access to records that could prove suspected time fraud, resulting in negligible disciplinary action.
Robert Budens, president of the Patent Office Professional Association, which represents 8,300 patent examiners, is to testify that the allegations of wrongdoing are isolated cases in the context of agency’s success last year in reducing a troublesome backlog of new patent applications. Robert Budens, president of the Patent Office Professional Association, which represents 8,300 patent examiners, testified that the allegations of wrongdoing are isolated cases in the context of agency’s success last year in reducing a troublesome backlog of new patent applications.
“Despite these remarkable accomplishments . . . some have chosen to attack the employees and management of the USPTO with unsubstantiated allegations of wrongdoing,” Budens says in prepared testimony. He criticizes efforts to institute new controls, calling them “procedures for monitoring every minute of examiners’ work time that ignore the practical realities of the patent examination process and are both intrusive and unworkable at the USPTO.” “Despite these remarkable accomplishments . . . some have chosen to attack the employees and management of the USPTO with unsubstantiated allegations of wrongdoing,” Budens said in prepared testimony. He criticized efforts to institute new controls, calling them “procedures for monitoring every minute of examiners’ work time that ignore the practical realities of the patent examination process and are both intrusive and unworkable at the USPTO.”
Rep. Frank R. Wolf (R-Va.) a staunch advocate for telework who has criticized Commerce Secretary Penny Pritzker for failing to punish wrongdoers, was scheduled to testify that problems at the patent office, if not addressed, could jeopardize telework agreements across the government. “There is no systemic plague of poorly performing employees at the USPTO,” Budens told the lawmakers.
Rep. Frank R. Wolf (R-Va.) a staunch advocate for telework who has criticized Commerce Secretary Penny Pritzker for failing to punish wrongdoers, testified that problems at the patent office, if not addressed, could jeopardize telework agreements across the government.
“To say I am extremely disappointed that PTO failed to manage its telework program and, in general, to provide adequate managerial oversight throughout the organization would be an understatement,” Wolf said.“To say I am extremely disappointed that PTO failed to manage its telework program and, in general, to provide adequate managerial oversight throughout the organization would be an understatement,” Wolf said.
Compounding the problem, he said patent officials have “attempted to minimize the problems,” Wolf said.Compounding the problem, he said patent officials have “attempted to minimize the problems,” Wolf said.
“There are some . . . who are abusing the telework program,” Wolf said. “They need to be fired. In all honesty, they should already have been dismissed.”“There are some . . . who are abusing the telework program,” Wolf said. “They need to be fired. In all honesty, they should already have been dismissed.”
Last year’s internal investigation found that many examiners knowingly submit incomplete work for credit to meet deadlines that lead to bonuses, a practice that is prohibited.Last year’s internal investigation found that many examiners knowingly submit incomplete work for credit to meet deadlines that lead to bonuses, a practice that is prohibited.
But Zinser’s office, which is currently conducting a quality-assurance audit of the patent examination process, is to tell lawmakers that examiners who work this way received “millions of dollars” in performance bonuses in the last three fiscal years.But Zinser’s office, which is currently conducting a quality-assurance audit of the patent examination process, is to tell lawmakers that examiners who work this way received “millions of dollars” in performance bonuses in the last three fiscal years.
Zinser will also testify that it is misleading to use examiners’ productivity to conclude that time and attendance abuse is not tolerated. The patent office’s production goals and performance standards have become easier, not more rigorous, as technology has made patent examinations quicker, he said. Zinser testified that it is misleading to use examiners’ productivity to conclude that time and attendance abuse is not tolerated. The patent office’s production goals and performance standards have become easier, not more rigorous, as technology has made patent examinations quicker, he said.
The agency did not adjust how many patents examiners are expected to review for more than 20 years until 2009, Zinser said, when “minimal updates . . . all resulted in giving examiners more time for the same amount of work.”The agency did not adjust how many patents examiners are expected to review for more than 20 years until 2009, Zinser said, when “minimal updates . . . all resulted in giving examiners more time for the same amount of work.”