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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 |
| (35 minutes later) | |
| 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. | 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 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. | 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 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. | 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 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. | 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. |
| Goodlatte and Rep. Darrell Issa (R-Calif.), chairman of the Oversight Committee, said poor management that has allowed federal patent examiners to commit time and attendance fraud has the potential to slow the pace of patent approvals critical to innovation. | Goodlatte and Rep. Darrell Issa (R-Calif.), chairman of the Oversight Committee, said poor management that has allowed federal patent examiners to commit time and attendance fraud has the potential to slow the pace of patent approvals critical to innovation. |
| 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.” | 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.” |
| 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.” | 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.” |
| Zinser told the joint hearing that the culture at the U.S. Patent and Trademark Office “has deemphasized time and attendance rules in favor of production goals.” And he called various practices that allow patent examiners to collect bonuses, overtime and salaries for work they did not do “a serious problem.” | Zinser told the joint hearing that the culture at the U.S. Patent and Trademark Office “has deemphasized time and attendance rules in favor of production goals.” And he called various practices that allow patent examiners to collect bonuses, overtime and salaries for work they did not do “a serious problem.” |
| However, he said, “based on the evidence we have seen so far, I do not think abuse has reached a systemic level.” | However, he said, “based on the evidence we have seen so far, I do not think abuse has reached a systemic level.” |
| Rep. Zoe Lofgren (D-Calif.) challenged Zinser about what she called his own “blemished history in your treatment of whistleblowers” earlier in his career, and she asked for assurances that he would “stop a 20-year pattern of retaliation against whistleblowers.” | |
| Zinser replied that “both sides of the story have not come out” on a case she cited, and he insisted that his inspector general’s office “has no problem receiving and investigating whistleblower complaints.” | |
| 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. | 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. |
| 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. | 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.” | 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. | “Please be assured that we are taking many necessary steps to strengthen and improve” the telework program and controls, she said. |
| In response to questions from Issa about previous statements that appeared to play down the alleged abuses, Focarino said, “I want to reiterate that we take those allegations seriously.” | In response to questions from Issa about previous statements that appeared to play down the alleged abuses, Focarino said, “I want to reiterate that we take those allegations seriously.” |
| Grilling her later in the hearing, Rep. Tom Marino (R-Pa.) said of the reported abuses, “It’s theft. . . . It’s outrageous.” | Grilling her later in the hearing, Rep. Tom Marino (R-Pa.) said of the reported abuses, “It’s theft. . . . It’s outrageous.” |
| 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, 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. | 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 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.” | “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.” |
| “There is no systemic plague of poorly performing employees at the USPTO,” Budens told the lawmakers. | “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. | 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 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. | 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.” |
| William Branigin contributed to this report. | William Branigin contributed to this report. |