In today’s increasingly competitive legal industry, intellectual property attorneys face challenges from all sides. Small and medium-sized boutique IP firms may battle for market share against the IP giants, while big law firms may struggle to contain costs and operate efficiently.

Regardless of size, IP law firms are increasingly focusing on business development efforts to bring in new clients. Those client pitches do not have to rely solely on charm and persuasion, however. Many law firms could go into business development meetings with hard data to back up their arguments that they are the best choice for an IP-driven company’s business.

Here are five ways that patent data analytics tools can deliver results that could win over your next client.

Overall allowance rate. A good patent data analytics tool should be able to show a given law firm’s granted, abandoned and pending patent applications and compute an overall average allowance rate for that firm. Comparing that figure to the USPTO’s overall allowance rate of about 53 percent or to the allowance rates of competing law firms can position a firm in a positive light.


Average pendency. IP-driven businesses invest the time and money in pursuing patent protection when the cost-benefit equation indicates that it is in their financial interest to do so. Time is money, however, and the longer a patent prosecution takes, the more the process costs and the less protection the company gets. IP law firms can use patent data analytics tools to demonstrate their track record of getting from filing to allowance more quickly than the USPTO average or than a competitor.

Success in a given art unit. Obtaining a U.S. patent is not a linear process; it varies greatly depending upon which art unit the application is filed under and to which individual examiner it is assigned. Patent data tools that can drill down to examine a law firm’s statistics within a given art unit can help a firm demonstrate a history of success within the client’s relevant field of art.

RCE statistics. Filing a Request for Continued Examination can be a smart patent prosecution strategy in certain cases, but even then, it comes with an additional cost. Showing a prospective client that your firm has historically been able to secure patents with fewer RCEs than a competitor can demonstrate cost savings and operational efficiency.

Appeal outcomes. No one wants to have to file an appeal of an examiner’s final rejection, but when they do, they want to have a reasonable chance of success. Patent data analytics tools can show a prospective client how many of a law firm’s prior patent applications required an appeal, and how many of those appeals resulted in wins for the applicant.

LexisNexis PatentAdvisor®

Two-Day Trial

Get to know your examiner better with more context and a deeper understanding of your examiner’s behavior than ever available before.

With your free trial, you will gain instant access to:

Examiner Search allows you to search by examiner name for a filterable, examiner specific dashboard of patent analytics, including rejection specific statistics, appeal statistics, prosecution statistics, interview statistics, a backlog of RCEs and timeline.

QuickPair easily replaces the USPTO Public PAIR by providing the most robust application details anywhere, including examiner timeline, examiner allowance rate and the average time and number of office actions to allowance.

PatentAdvisor, the first-ever data-driven patent strategy tool, provides a systemic approach to crafting an effective prosecution strategy. Understand why certain patent applications take longer than others to reach allowance—then use that knowledge to devise better patent prosecution strategies.

Free Trial

Related Content

3 Benefits of Automating Your Office Action Responses Today’s practitioners face significant pressures that require a transformation from their previous methodologies. Successful patent attorneys are leve...
Three Reasons PatentAdvisor Examiner ETA™ Is Better Than Allowance Rate It was not that long ago that patent analytics changed the way patent professionals approach patent prosecution. The ability to access key USPTO exami...
Three Qualities that Make Quality Patents Quality patents are assets to everyone. The patent system is at its peak when high-quality patents and patent applications make up the USPTO's archive...

By continuing to use the site, you agree to the use of cookies. Cookie Policy

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.