What makes for an optimal patent? Some argue that a patent’s ultimate enforceability is the proper measure, while others argue that an optimal patent is one that made its way through the patent process with the least expense. With patent prosecution technology, however, these two views are not mutually exclusive. Patent optimization in the modern era means setting yourself up for receiving a strong patent as efficiently as possible – by reducing errors early and making wise decisions at every phase, from patent application drafting to issuance.
Patent Application Drafting and Review.
Effective patent drafting is a tedious process. Patent professionals labor over seemingly minute details that could have a major impact on a patent application’s final disposition, such as selecting the proper terminology to use and ensuring consistency among patent sections. Every billable second spent drafting and revising an application increases the cost of an application, and decreases the final patent’s relative value (the market value of the patent compared to the cost to obtain it). Sophisticated patent drafting tools cut the cost of patent drafting by comprehensively assessing the quality of a patent draft and by offering viable solutions for improving patent quality in much less time than could be done by an individual patent practitioner.
LexisNexis PatentOptimizer® is an advanced patent drafting tool that seamlessly integrates into your favorite workspaces, such as Microsoft Word®. From the PatentOptimizer® toolbar, patent professionals can access a wide variety of tools designed to help produce high-quality patent applications. Users can run analytics on their patent drafts to identify issues that could ultimately lead to a USPTO rejection, and quickly perform revisions recommended by PatentOptimizer. Patent practitioners can even check for consistency of reference figures and labels across their document sections with the “Check Parts” tool; the “Check Claims” tool generates an assessment of how patent claims work in relationship to the written specification.
Preparation for Submission.
Once the drafting is done and it is time to submit your patent application, patent practitioners focus their attention toward preparing all of the forms and paperwork required by the USPTO. The Information Disclosure Statement (IDS), a submission of relevant prior art information to the USPTO, is a notoriously inefficient use of a patent practitioner’s time. PatentOptimizer takes the work out of gathering and collecting necessary IDS information. Simply create a list in Word, Excel, or PDF format containing prior art reference numbers, such a publication numbers or patent numbers. PatentOptimizer will go to work to automatically populate USPTO IDS forms with the information gathered from patent authority archives worldwide.
Responses to Office Actions.
On average, each response to a patent examiner’s office action costs a patent applicant $3,000 to have prepared and submitted. Yet, with all of the patent applications that have gone through the USPTO prosecution process, there are often many responses to past office actions in the USPTO archives that can be drawn upon by patent practitioners to draft effective responses more quickly than from scratch. PatentOptimizer can be used to compare your case to similar cases in the USPTO archives to generate a suggested office action response, and can even recommend boilerplate arguments to expedite response drafting. It also can help patent practitioners avoid non-responsive replies and non-compliant amendments with advanced rejection analysis.
Strive for strength and efficiency through patent optimization. PatentOptimizer provides a variety of tools that help patent practitioners catch mistakes and save time. With PatentOptimizer at your fingertips, you, too, can optimize patent prosecution throughout each phase.