What does it take to safeguard innovation while making sure the patent system truly serves inventors and society? That’s the heart of today’s conversation, and few people are better positioned to answer than Dr. Julie Burke.

Today, she brings a unique perspective to the world of intellectual property and patent prosecution. Dr. Burke spent more than two decades in the U.S. Patent and Trademark Office, eventually stepping into the role of Quality Assurance Specialist in Technology Center 1600. Her path there was built on a strong scientific foundation: a degree in molecular biology, a Ph.D. in biochemistry, and postdoctoral work at Johns Hopkins School of Medicine, where she earned a grant from the Cystic Fibrosis Foundation to study the CFTR protein.

At the USPTO, she examined applications in areas that changed the course of modern medicine such as cancer immunology and recombinant antibody technologies. She also handled more than 900 petitions and received multiple awards for her contributions to patent quality and international guidelines. 

After leaving the Office, Dr. Burke brought her expertise to Knobbe Martens, later founded IP Quality Pro LLC, and has since become a recognized voice through her expert witness work and widely published articles. She also advises Petition.ai and serves on the board of the Association for American Innovation, where she advocates for policies that encourage inventors to keep creating.

Dr. Burke candidly opens up about her career journey, the culture inside the USPTO, and the systemic challenges that affect patent quality. She also points us toward a future where reforms, transparency, and a renewed commitment to excellence can strengthen the system while unlocking more innovation for everyone.

In This Episode:

[02:52] Dr. Burke shares her academic journey through Biogen, Imperial Cancer Research Fund, and Johns Hopkins, and how she was pointed toward the USPTO.

[05:20] She reflects on family ties to public service and her idealistic start at the USPTO.

[05:51] Early years as a cancer immunology examiner and later transition to Quality Assurance Specialist in TC1600.

[08:26] She describes USPTO culture, personalities of examiners, and the complaints she fielded as a QA specialist.

[10:36] Dr. Burke recounts being told that allowing a patent on first action would earn her a derogatory label, and what that revealed about PTO culture.

[12:22] Discussion of the “reject, reject, reject” mentality and how examiners were pressured into repeat RCEs.

[14:55] Dr. Burke introduces the Sensitive Application Warning System (SAWS) program and explains how it secretly blocked pioneering cases.

[17:42] How SAWS expanded into looking at inventors’ backgrounds, including finances and character.

[18:32] Comparisons to IRS “BOLO” lists and the chilling effect of having allowances pulled at the last moment.

[28:48] Dr. Burke explains new challenges with petition review work, including restrictions and procedures that create extra burdens. 

[32:41] What needs to change to address some of these quality issues. 

[37:12] Hazing culture in the Patent Training Academy and high attrition among new examiners.

[41:00] Impact of PTAB changes: trials scaled back, discretionary denials increased, and appeals expedited.

[42:11] Loss of examiner tools like ChemDraw and SciFinder forces some to use personal computers, creating security risks.

[52:28] Dr. Burke contrasts production bonuses with quality bonuses, and the damage this does to examination integrity.

[55:12] Reports show 40% of litigated patents invalidated which goes back to flawed performance incentives.

[58:40] Current restraints and cuts are hard on patent examiners and students and inventors. 

[01:02:15] We discuss examiner morale, loss of union protections, and management culture shifts.

[01:05:47] She shares closing reflections on reforms needed for transparency, consistency, and examiner support.

[01:09:32] Dr. Burke connects the role of professional “guilds” in maintaining quality, and draws parallels to historical trade guilds.

[01:12:54] Optimism about the Association for American Innovation (AAI) and its independent reform agenda.

Resources: 

Dr. Julie Burke - IP Watchdog

Dr. Julie Burke - LinkedIn

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