Opportunities to Win with Patent Analytics

Aug 14, 2020

Opportunity to Win

There are plenty of opportunities to win throughout the patent process. It begins with winning a potential client’s approval, and it hopefully ends with winning a granted patent and the client’s satisfaction. Along the way, everyone wins if prosecution goes smoothly with little wasted time or money. Patent analytics can help patent professionals win every step of the way.

Opportunities to Win Over Clients

It is important to remember that it is clients who give purpose to patent prosecution, and so it follows that winning the trust and confidence of potential clients is where the patent process really begins. Most clients seek transparency and efficiency above all from their patent practitioners. Both of those qualities can be demonstrated to potential clients through the use of patent data and analytics.

Raw USPTO patent data and statistics are what most patent attorneys use to show their mettle to potential clients; but data and statistics fail to paint an accurate picture without context. More specifically, they do not take into account examiner difficulty levels. A patent practitioner’s 70% allowance rate might be impressive if his or her patent examiners were difficult compared to other USPTO examiners, but might be less so if he or she faced relatively easy USPTO patent examiners. 

The LexisNexis PatentAdvisor® patent prosecution platform helps patent attorneys definitively show their worth by providing their PatentAdvisor Efficiency Score™. Each Efficiency Score™ is a practitioner-specific patent performance metric that has been adjusted to account for examiner difficulty levels. Patent professionals who show potential clients their Efficiency Score not only convey their past prosecution performances with transparency, but also have the opportunity to show how they really stack up against other patent professionals.

Exclusive Patent Analysis on LexisNexis PatentAdvisor

Winning a Favorable Patent Examiner

One of the more important battles in the greater war for patent protection is the fight for a favorable patent examiner assignment. Each USPTO art unit is made up of a group of patent examiners who evaluate patents that deal with a specific technology or field. It is key to understand that a single patent application could be appropriately assigned to multiple art units, and also that each art unit is comprised of varying proportions of easy, moderate and difficult patent examiners.  

PatentAdvisor™ users can utilize platform features to identify the art units that are the most likely to evaluate a patent application based on the language of their patent draft. The platform also calculates the proportions of easy, moderate and difficult patent examiners in each USPTO art unit, so users can identify which of the potential art units is the most applicant friendly. From there, PatentAdvisor users can modify the language and structure of their patent drafts to improve the likelihood that the patent application will be assigned to the most favorable of the potential art units. This approach also gives the application the best shot at being assigned to an applicant-friendly patent examiner, and ultimately being granted.

Opportunities to Win the Granted Patent

Once a patent examiner has been assigned to a patent application, the final showdown begins between a patent practitioner and a patent examiner. At this point, patent strategy should become tailored specifically to the one person who will decide the fate of the patent application; examiner-specific patent metrics can provide key insights that help practitioners efficiently navigate to a successful outcome. For example, knowing a patent examiner’s tendency to grant patent applications immediately after an RCE (Request for Continued Examination) can inform decisions throughout patent prosecution to save time and money. The PatentAdvisor patent prosecution platform offers a wide array of patent examiner statistics derived from USPTO patent data, so users can size up their opponents more effectively. If the next move in prosecution remains unclear after assessing an examiner’s patent statistics, PatentAdvisor also provides a Prosecution Guidebook that offers practical, data-based advice for dealing with specific USPTO patent examiners.

PA screenshot opportunity blog

From beginning to end, the patent process presents opportunities to win and come out victorious in patent prosecution. Patent data and analytics reveal and inform patent strategies for greater efficiency and effectiveness. Whether it be winning over potential clients or a granted patent, PatentAdvisor users have the best shot at coming out on top.

To learn more about the exclusive PatentAdvisor Efficiency Score access the article ​Objectively Measure Patent Prosecution Performance by Normalizing for Examiner Difficulty.

Do you want to see your PatentAdvisor Efficiency Score?

If you are a current PatentAdvisor™ customer, you can sign in and visit the Smart Reports tab. If you are interested in learning more about your score and the PatentAdvisor service, click here to request more information.

LexisNexis PatentAdvisor®

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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.

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