Patent Analytics for Predictions, Performance and Evaluations: Part 2

Aug 26, 2020

Patent Analytics for Predictions, Performance and Evaluations  (Part 2)

Click Here to Read Part One of This Series

Patent analytics have opened the door for patent prosecutors and patent applicants to evaluate their patent examiners based on a variety of USPTO patent statistics. This allows them to develop superior patent prosecution strategies and make better decisions. In Part 1 of Patent Analytics for Predictions, Performance and Evaluations, we discussed the PatentAdvisor ETA™—a sophisticated patent metric based on a proprietary algorithm that predicts patent examiner behavior better than other available patent metrics. Today, we will take a look at how LexisNexis PatentAdvisor® users can leverage PatentAdvisor ETA (examiner time allocation) metrics before filing their patent applications to increase the odds of being assigned to an applicant-friendly patent examiner. We will also explore how law firms and corporations can evaluate their history with the USPTO so they can continually improve their patent performance.

Patent Analytics for Better Patent Prosecution Outcomes

Patent statistics make it clear that there is great variation among USPTO patent examiners, and that some are much less likely to grant a patent than others. The PatentAdvisor™ patent prosecution platform uses ETA metric values to categorize patent examiners as either green (least difficult), yellow (moderately difficult) or red (most difficult). Roughly 60% of all USPTO patent applications are granted by green patent examiners, while red patent examiners are responsible for only 5%of granted patents. Logic follows that patent applicants should do what they can to put their patent application in the hands of a green patent examiner for the best chance at having their patent issue.

2811 Lottery Map PatentAdvisor

Once a patent application is filed with the USPTO, it is assigned to a USPTO art unit for evaluation based on the content and subject matter within the patent application. The rub is that each patent application is assigned to one of possibly multiple somewhat-appropriate art units, and each prospective art unit is comprised of varying proportions of green, yellow and red patent examiners. With PatentAdvisor, users can identify and compare the art units that are most likely to review their patent application. They can then use the LexisNexis PathWays™ tool within PatentAdvisor to modify their patent applications with specific words and phrases to improve the odds that their patent application will be assigned to the art unit made up of the highest proportion of applicant-friendly patent examiners.

Another option to positively influence the likelihood and the time it takes to get an application granted is with customized Pre-Filing Classification Reports™.  Classification experts provide in-depth insight into which art unit the patent application will be assigned. That insight can be used to tailor the application to target a more favorable art unit and improve your chances of efficient prosecution.

Patent Analytics for Evaluating Law Firms and Corporations

Patent prosecution performance is a relative concept because of the examiner variability at the USPTO. To illustrate, if your law firm has a high USPTO patent allowance rate, and most of the patent examiners your firm has faced are of the difficult red variety, then your firm is performing at an incredibly high level and has exceeded statistical expectations. If your law firm has a high patent allowance rate but typically faces friendly green patent examiners, congrats on your success, but that was to be expected based on patent data. When law firms and corporations need to evaluate their prosecution performance, standard patent statistics, like allowance rates, fail to tell the whole story.

The PatentAdvisor Efficiency Score™ is a prosecution performance metric for evaluating patent portfolios, which has been normalized to account for patent examiner difficulty and the total number of applications within the portfolio. Corporations and law firms that use the Efficiency Score metric have better context for their own prosecution performance at the USPTO, and can better compare their performance to that of their competitors. They can also create PatentAdvisor Benchmarking Reports™ through the PatentAdvisor platform that contain charts and graphs to help visualize who is prosecuting their patent portfolios the most efficiently and effectively among the competition.

patentadvisor efficiency score


Sophisticated patent prosecution metrics allow users to make accurate predictions about patent examiner behavior, improve the outcomes of patent filings with the USPTO and evaluate their performance along the way. LexisNexis® IP helps users achieve their patent goals. Whether a patent practitioner, law firm or corporation, LexisNexis has tools to help you perform your best at all stages of patent prosecution.

Access the On-Demand Webinar What Color is Your Examiner – Red, Yellow or Green? to learn more about PatentAdvisor ETA.

Pre-Filing Classification Reports provide a clear path for success when drafting patent applications. Request a sample or access an overview datasheet.

To learn more about the real-time, fully customizable PatentAdvisor Benchmarking Reports™:

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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