Better Patents Now

A podcast from LexisNexis® IP with Chris Holt & Megan McLoughlin

Chris and Megan are patent attorneys who have spent the last few years knee-deep in patent data trying to improve how patent prosecution is done.

Chris invented the LexisNexis PatentAdvisor® product, a suite of tools for improving prosecution performance, and Megan helps him keep it running. Using tools like PatentAdvisor™, Chris and Megan explore how patent data can impact day-to-day prosecution and portfolio management decisions. Their goal is to bring more transparency to the process so patent attorneys can make decisions that lead to quicker timelines, better cost efficiencies and better patents now!

Listen to Better Patents Now to hear them talk about the best ways to utilize patent data in your practice. You can subscribe to our Better Patents Now email list and we’ll send you an email every time there’s a new episode published.

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Meet the Hosts

Chris Holt

Chris is the Vice President of Patent Analytics, PatentAdvisor and has over 15 years of experience as a patent attorney specializing in U.S. and foreign patents in the electrical and mechanical fields, as well as for computer hardware and software inventions. As the co-creator of PatentAdvisor, Chris has helped bring transparency to the opaque patent prosecution process with never before available patent office analytics.

Megan McLoughlin

Megan McLoughlin is the product director for PatentAdvisor, a suite of patent prosecution management tools. Previously, she worked as a patent attorney at the law firm of Nutter, McClennen, & Fish– primarily drafting and prosecuting patent applications. Her technical focus reached into a variety of industries, including medical devices, the food industry, software, printers, and biotech. Megan has a B.S. in Bioengineering from Rice, and a J.D. from Harvard Law.

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Podcast Episodes

#47 Patent Analytics: Table Stakes for Law Firms

Chris interviews Ken Gemmill, Business Operations Manager for LexisNexis IP. In his career, Ken has witnessed the birth of analytics entering the patent business. He routinely speaks with law firms that are using analytics in their patent prosecution....

#46 Troubled Patents: Should We Get Aggressive or Give Up?

Chris shares an experience from an Association of University Technology Managers (AUTM) Regional Conference where he sat on a panel representing the perspectives of a client, attorney, patent office and analytics. Each panelist shared from their point of...

#45: Patent Data Comparisons: Am I Better Than You?

Chris explains the concept of the "alignment report," a software tool for determining whether a company or law firm's prosecution performance is in line with what is normal at the USPTO. As he and Megan discuss the goals and potential pitfalls of such data...

#44: Can I Please Get A New Patent Examiner?

Chris and Megan discuss the challenges of getting a new examiner by filing a continuation application. In spite of the difficulties, this strategy has worked for some attorneys with the right tools—including LexisNexis PathWays™. PathWays predicts which...

#43: Zynga and the Impact of Classification

Chris and Megan review the prosecution history and examiner statistics for U.S. Patent No. 8,272,961, a patent owned by gaming giant Zynga. The patent covers a broad range of online gameplay but was issued surprisingly quickly. However, even more...

#42: Prosecution Patterns with Professor Tu

Professor Sean Tu returns to talk to Chris and Megan about his research into what drives examiner behavioral patterns. His previous research revealed pockets of fast-moving and slow-moving examiners, but now he aims to answer the question "how are...

#41: Naughty Words in Pre-Grant Documents

Chris and Megan search through image file wrapper documents for oddities ranging from typographical errors to name-calling. Have you ever wondered how many times applicants lost their temper with the examiner on the record? Which art units issue the most...

#40: Top 5 Audibles in Patent Prosecution

Chris and Megan pinpoint 5 prosecution scenarios where a strategy change may be necessary in light of the statistics. Like football, prosecution is a back-and-forth between the examiner and the applicant that requires constant reevaluation. For example,...

#39: Experience Matters More Than You Think

Chris and Megan discuss the importance of examiner experience in shaping prosecution strategy. Experience level is one of the factors in the calculation of ETA, PatentAdvisor’s proprietary metric that predicts the probability and difficulty of allowance,...

#38: Analytics Behind “Stupid Patent of the Month” Blog

Chris and Megan dive into the prosecution histories of several patents featured on the Stupid Patent of the Month blog. The blog was created before Alice to shine the spotlight on (arguably) overbroad software patents, but even after Alice the authors have...

#37: The Undoing Project by Michael Lewis: Book Review

Chris and Megan discuss the sequel to Moneyball, in which Michael Lewis points out flaws in human decision-making that have applicability to patent prosecution. Like most experts, patent practitioners have inherent biases that can negatively impact their...

#36 Birth of the Ultimate Metric

Chris introduces Megan to a revolutionary way of measuring patent examiner behavior: PatentAdvisor ETA™. Unlike allowance rate, ETA™, provides an estimate of both the chances of and time to allowance. And because it is based solely upon the...

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