Crystal Balls and Patent Analytics: Making Accurate Predictions in the Patent Process

Feb 1, 2021

Crystal Balls Featured Image

Things might be different if we could see into the future. We would have notice of our future mistakes and could alter our actions to make the most of the days ahead. While there may not be a crystal ball that allows us to foresee the moments, months or years that lie ahead in our everyday lives, there are tools that can help patent practitioners and patent applicants make accurate predictions about the actions and opinions that will arise from the patent office throughout patent prosecution. Patent analytics based on USPTO patent data and patent statistics are the key to optimizing patent strategies by making the best use of the information at hand.

Informative Patent Statistics

There are many straightforward indicators of how patent examiners are likely to respond to a patent application and any obstacles that may arise. For instance, a patent applicant may turn to a patent examiner’s average patent applicant pendency times to roughly gauge when the patent prosecution may conclude. Assessing patent statistics that show how successful previous actions have been when taken by other applicants against a specific patent examiner can also indicate which actions will be most likely going forward. Comparing examiner patent statistics for multiple courses of action can help determine which action is most appropriate under the circumstances, such as when choosing between filing a Request for Continued Examination or an appeal.

Informative Patent Statistics

Predictive Patent Metrics

Raw patent data and statistics will always have their place in making predictions about future events; but they also have their limitations. Patent statistics are relatively simple calculations that show big-picture averages over a long period, but fail to account for recent changes or circumstances that may be artificially inflating or deflating the results. More sophisticated patent metrics, such as PatentAdvisor ETA™ available through the LexisNexis PatentAdvisor® patent analytics platform, can be even better inceptors of how the patent process will proceed. Each patent examiner’s PatentAdvisor ETA value, for example, is the single most informative metric for predicting patent examiner behavior because it is calculated using an advanced algorithm that takes many external factors into account, including an examiner’s experience level and recent trends.

A Guidebook for Uncertain Times

For patent professionals needing guidance or a second opinion on their patent strategies, PatentAdvisor™ provides a data-driven patent strategy recommendation tool that can help reveal the best courses of action. The PatentAdvisor Prosecution Guidebook provides easy-to-understand summaries of patent examiner difficulty levels, expected prosecution durations and how the actions available to a patent examiner can be expected to play out.

PA Prosecution Guidebook

We may be short on crystal balls that foretell the future, but there is an abundance of USPTO statistics and patent metrics that can assist patent professionals in performing their roles effectively and efficiently. The PatentAdvisor patent analytics platform uses USPTO patent data to provide users with informative patent statistics and to calculate sophisticated patent metrics. There may not be a crystal ball that allows us to see into the future, but the accuracy of many predictions based on patent data makes patent analytics the best alternative.

 

To learn more:

LexisNexis PatentAdvisor®

7 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

World Intellectual Property Day – April 26, 2021 IP & SMEs: Solutions to compete with the giants

​This year the WIPO has announced that it will celebrate World Intellectual Property Day by honoring the Small and Medium Enterprises (SMEs) of the world. Let’s take this opportunity to learn about the challenges that SMEs face; when it comes to intellectual property...

Combining Tools for All Stages of Patent Prosecution

Research, drafting and prosecution are the three cornerstones of the patent process. How a patent professional approaches each cornerstone can have a significant impact on the expenses, durations and outcomes of their patent applications. Many tools have been...

LexisNexis TotalPatent One® New Search Experience

The LexisNexis TotalPatent One® patent research solution is designed to deliver on-point results derived from a comprehensive and in-depth content collection of patent and non-patent literature.   To provide the best possible search tool, we use an iterative process...

LexisNexis TotalPatent One® Exciting New Enhancements

The LexisNexis TotalPatent One® patent research solution is designed to deliver on-point results derived from globally issued patents, published patent applications and utility models.  To provide the best possible experience for you, we use an iterative process of...

Why Brand Equity Matters – Secure Your Brand Before Bad Actors Hijack It

Brand equity, in short, is the perceived value of your brand to the outside world. It can be either positive or negative and is created by the experiences that people have with your brand. There are more outlets than ever before to buy and sell goods and services and...

Secure Your Online Revenue and Reputation With LexisNexis® Brand Protection

Securing and protecting our clients’ intellectual property (IP) assets is at the core of what we do at LexisNexis® Intellectual Property. To help our customers protect their IP, and now also their brand reputations, relationships and revenue online, we are introducing...