Imagining More From USPTO Patent Statistics

Nov 3, 2020

Imagining More From USPTO Patent Statistics

The power of up-to-date, accurate USPTO patent statistics becomes apparent to many patent practitioners after only a short time in the trenches of patent prosecution. Having access to USPTO patent data and analytics features allows professionals to make more accurate predictions throughout the patent process. Those data-driven predictions then shape the prosecution strategy and inform decisions that ultimately save both time and money. Considering that most patent applications remain pending for several years, there is a lot of potential for savings.

While the value of USPTO patent statistics is somewhat intuitive to those who are acquainted with patent prosecution, most imaginations never conjure up the full potential of patent prosecution data. Most patent metrics, such as the average number of office actions issued by a patent examiner, are often considered only from the perspective of how they can advance a single patent application. When patent data are viewed with a broader lens, patent professionals quickly realize that patent metrics offer value well before patent applications reach the USPTO, and they can also be used to keep entire patent portfolios on track for success.

LexisNexis PathWays™ and Targeted Patent Application Drafting

The LexisNexis PatentAdvisor® patent analytics platform has many great features, including commonly used patent statistics like patent examiner allowance rates, as well as proprietary patent metrics that help to evaluate patent examiner difficulty levels, such as the PatentAdvisor ETA™. However, it is a lesser-known PatentAdvisor® feature that unlocks the ability to draft patent applications so they have a better chance of being assigned to an applicant-friendly patent examiner.

While in the patent application drafting phase of the patent process, the LexisNexis PathWays tool is capable of evaluating the language of patent drafts and identifying which groups of patent examiners are most likely to evaluate a patent application. By pairing this knowledge with PatentAdvisor prosecution statistics for each potential group of examiners, users can then determine which of those groups is the most likely statistically to grant their application. If the most statistically favorable examiner group is not the most likely group to be assigned to the case, users can then revert back to LexisNexis PathWays for tips on how to tweak the language of their patent draft to improve the odds of it being assigned to a group of patent examiners with favorable patent statistics.

Imagining More From USPTO Patent Statistics - Target List

PatentAdvisor for Patent Portfolio Analytics

PatentAdvisor can provide even more value to patent professionals by doubling as patent portfolio management software. Professionals who would like to assess more than one patent application pending with the USPTO can use PatentAdvisor to create digital “briefcases” of patent applications so they can run patent analytics on the patent applications as a group, and identify outlying patent applications based on the performance parameters they choose. Users can filter briefcase applications by the number of office actions they have received, the difficulty of the assigned patent examiners and many other performance metrics to help identify those patent applications that are the most problematic. Users can then use that information to take the necessary actions on those problematic patent applications to improve the health of their overall portfolios.

Imagining More From USPTO Patent Statistics - Briefcase Example

The value of patent data extends far beyond developing prosecution strategies for a single pending patent application. With a little imagination, USPTO patent statistics can also inform patent drafting and facilitate patent portfolio management. The PatentAdvisor patent analytics platform comes equipped with all the tools you need to improve performance at all stages of the patent process.

Learn more about LexisNexis PathWays here and access the article LexisNexis PathWays™ for Art Unit Foresight.

For more on patent analytics, read Patent Analytics for Predictions, Performance and Evaluations, Part 1 and Part 2. Learn more about PatentAdvisor here.

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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.

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