Patent Analytics for Predictions, Performance and Evaluations: Part 1
Patent analytics have opened up opportunities to implement patent prosecution strategies that greatly improve your chances of obtaining a patent in less time and at a lesser cost. We continue to make great strides in optimizing those strategies with the development of proprietary patent metrics and tools that stand head and shoulders above patent data alone. Sophisticated patent prosecution metrics enable users to make accurate predictions about patent examiner behavior, improve the outcomes of filings with the USPTO and evaluate their performance along the way.
Patent Analytics for Predicting Examiner Behavior
LexisNexis® IP has discovered that looking at the ratio of office actions issued by an examiner to the patents they have granted is more predictive of how an examiner will behave in the future than standard patent metrics. With this in mind, a new kind of patent metric has been developed, the PatentAdvisor ETA™, which compensates for the pitfalls of other metrics by taking into account all of a patent examiner’s office actions (including pending patent applications) and factoring in how long a patent examiner has been at the patent office. It is driven by a patent examiner’s past behavior—not the actions of patent applicants. Additionally, an examiner’s PatentAdvisor ETA value enables the examiner’s classification in the LexisNexis PatentAdvisor® patent prosecution platform as being either green (easy), yellow (moderate) or red (difficult), so users can quickly gauge the type of examiner they are dealing with.
Having access to a truly predictive patent metric gives PatentAdvisor™ users the power to develop sound strategies to deal with the examiners they have been assigned, enabling approaches to patent prosecution that are tailored to assigned examiners to enhance prosecution efficiency and effectiveness. Users can even consult with the Prosecution Guidebook within the PatentAdvisor platform for additional guidance and recommendations for how to take action on pending patent applications.
Keep in mind, however, that some patent examiners may be painstakingly difficult to overcome, and patent applicants have very limited options for switching patent examiners once prosecution has begun. It is important to do what you can to acquire an applicant-friendly patent examiner from the get-go, which leads us to other powerful uses of PatentAdvisor and the ETA patent metric. In Part 2 of “Patent Analytics for Predictions, Performance and Evaluations” we will reveal how ETA can be used to help obtain an applicant-friendly patent examiner even before you file your application, and how to use PatentAdvisor to evaluate USPTO patent prosecution performance.
To learn more about the exclusive PatentAdvisor ETA:
- Listen to the podcast Birth of the Ultimate Metric as the ETA’s inventors discuss why this metric is revolutionary.
- Watch the On-Demand Webinar: What Color is Your Examiner – Red, Yellow or Green? And How to Customize Your Prosecution Strategy Accordingly.
- Access an overview data sheet.
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.