The Hero’s Journey and the Four Champions of Patent Prosecution

Dec 17, 2020

Featured Image-The Heros Journey

Most people are familiar with the “hero’s journey.” Popularized by Joseph Campbell in the mid-twentieth century, it describes the common progression of the stages in literary or cinematic epics that our favorite heroes experience. There are 12 total stages in the hero’s journey, but some of the greater themes include a hero receiving a call to action, overcoming challenges and ultimately succeeding on his or her journey.

When distilled down to its major themes, the hero’s journey is a fair metaphor for the patent process. In the case of patent prosecution, the heroic patent professional is called to action by their client, overcomes challenges in the forms of patent examiner rejections and objections and finally, in the cases with happy endings, successfully obtains a patent for their client from the USPTO. However, the hero’s journey is never a walk in the park, and heroes always need a champion to help them through the toughest times.

When a hero is in need, a champion appears to provide help. Often, help takes the form of guidance or advice. In the patent world, champions appear as the patent prosecution tools heroes need to fight their way to patent issuance.

Champion #1: LexisNexis TotalPatent One®

The TotalPatent One® patent search platform is the champion of efficient and effective patent searches. Allowing users to access over 110 million patent documents from over 100 worldwide patent authorities from a single patent search tool, the convenience and user-friendly design of TotalPatent One eases the daunting task of conducting a thorough patent search.

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Champion #2: LexisNexis PatentOptimizer®

When it comes to patent drafting, the PatentOptimizer® patent drafting tool helps heroes draft high-quality patent applications. PatentOptimizer analyzes patent drafts and helps users check their patent claims for proper antecedent basis or possible lack of support in the disclosure, terminology for court rulings, multiple claim sets for new matter and consistency in part labeling and numbering. It can also insert pre-formatted citations and hyperlinks, and automatically renumber claims and references during final editing. PatentOptimizer reduces the likelihood of receiving rejections and objections and helps to ensure patent heroes face fewer challenges before their success.

Champion #3: LexisNexis PatentAdvisor® Patent Examiner Analytics

If PatentAdvisor™ were to be cast in an epic adventure, it would play the role of the soothsayer who provides heroes with wisdom about the future. The PatentAdvisor patent analytics platform provides users with USPTO patent statistics, performance metrics and other useful information to help with patent prosecution process. By analyzing a patent examiner’s historical patent data, PatentAdvisor can help users make logical predictions about the actions their assigned patent examiners will take and can advise on how to best respond to examiner actions.

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Champion #4: The PatentOptimizer Office Action Response (OAR) Tool 

 The PatentOptimizer OAR tool is the champion patent practitioners need when they get knocked down and need help back up. When patent professionals receive an office action, the OAR tool can help them draft their responses so they are likely to overcome the obstacle. By identifying the arguments made by other USPTO patent applicants that were successful in overcoming similar office actions, the OAR tool makes drafting suggestions and can even build a template response for its users. 

 Patent professionals are heroes in the story of patent prosecution, but even heroes need help. LexisNexis® IP develops patent prosecution tools with heroes in mind and provides the champions they need the most. 

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