Breakthrough analytics allow patent professionals to predict length of time for prosecution at both examiner and art unit level, as well as improve chances of “winning” the USPTO examiner lottery

HORSHAM, PENN., JANUARY 14, 2019 — LexisNexis® IP today announced the launch of a new suite of proprietary analytics, the PatentAdvisor Examiner Lottery Framework™. Built upon the recently released PatentAdvisor ETA™ , a predictive metric for patent examiner timelines, this new framework will provide patent professionals with an evolutionary step in patent prosecution analytics to enable better patent prosecution strategies by leveraging deeper insights into the makeup of the USPTO.

“For decades, patent professionals have been working under the assumption that all patent examiners at the USPTO behave more or less the same way or that there may be some variability across different art units. But when it comes down to the examiners within a single art unit the belief is they tend to behave the same and it turns out this assumption does not align with the actual evidence we have collected.” said Chris Holt, VP of Patent Analytics at LexisNexis IP. “Our new exclusive Examiner Lottery Framework metrics shine a light on the wide variability not only across the USPTO, but within individual art units. The new metrics provide guidance on what actions they can take, prior to and after filing, to adapt their patent prosecution strategies and improve their outcomes.”

Examiner Lottery Framework consists of three proprietary metrics within LexisNexis PatentAdvisor®, which helps patent professionals to strategically approach patent prosecution with data-driven insights.

1. PatentAdvisor ETA

This disruptive technology was rolled out to patent professionals earlier this year. Superior in predictability to examiner allowance rate, the new PatentAdvisor ETA metric is calculated using a proprietary algorithm that takes into consideration the examiner’s pending portfolio, how long they have been at the Patent Office, number of office actions written and a number of other factors. PatentAdvisor ETA measures both the likelihood and difficulty of obtaining a patent, to support more strategic patent prosecution and patent portfolio management.

2. ETA Distribution

The second component helps patent professionals understand the current makeup of PatentAdvisor ETA scores within USPTO defined groups within the USPTO – art unit, tech center group and tech center. This additional transparency allows deeper insight than ever before and provides proof of examiner variability beyond technology area and examiner expertise.

3. Examiner Lottery Map

The third new metric in the suite is a breakthrough metric that draws from the data surfaced by PatentAdvisor ETA and ETA Distribution to predict the likelihood of having their case assigned to a specific type of examiner. The Examiner Lottery Map calculates this projection based on the number of each type of examiner (green, yellow or red or least difficult to most difficult examiner), as well as the volume of application disposals by each individual examiner, in order to assess how the examiner lottery is most likely to play out for a particular group of examiners.

The LexisNexis PatentAdvisor Examiner Lottery Framework suite of proprietary metrics is now available at no additional charge to all current subscribers of PatentAdvisor.

“This new innovative suite of metrics informs patent teams about what actions they should take in order to secure quality patents more efficiently,” said Holt. “The Examiner Lottery Framework empowers patent teams to best overcome the variability at the USPTO, reducing patent prosecution costs and improving patent outcomes.”

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About LexisNexis IP

LexisNexis IP is the provider of best-in-class information-based solutions and services to meet the broad needs of the global Intellectual Property market. Our customers include the U.S. Patent and Trademark Office, IP-driven companies and law firms across the globe. The corporate culture is driven by a commitment to excellence, innovation, and a strong dedication to its customers, employees and community. LexisNexis IP is a division of Reed Tech, a LexisNexis company. Reed Tech has been recognized as an innovator in the patent arena and has electronically captured and prepared for publication two-thirds of all U.S. patents ever granted by the U.S. Patent and Trademark Office (USPTO).

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LexisNexis Legal & Professional is a leading global provider of legal, regulatory and business information and analytics that help customers increase productivity, improve decision-making and outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 130 countries with 10,000 employees worldwide, is part of RELX Group, a global provider of information and analytics for professional and business customers across industries.

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