Technology has proven to be an excellent method of increasing the efficiency and quality of our patent processes. Whether providing a means to enhance the patent search process or to enable us to develop more effective patent prosecution strategies, patent tools now accommodate access to an incredible amount of patent data and the ability to transform that patent data into insights that better our businesses. LexisNexis® IP remains at the forefront of innovative thinking and continues to push the boundaries of what is possible with patent analytics.
Not long ago, LexisNexis PatentAdvisor® introduced the novel concept of not just working within the framework of the patent system, but to also use what we know about specific patent examiners and art units to inform our actions and decisions while in patent prosecution. Utilizing USPTO patent data and patent statistics, PatentAdvisor™ has enabled patent professionals to make better choices based on real, historical data – and it has had a profound impact on patent strategies and prosecution performance.
Until now, PatentAdvisor has emphasized using isolated patent metrics to predict the behavior of an assigned patent examiner. The number of office actions typically issued, the amount of time patent applications spend in prosecution and a patent examiner’s allowance rate – a simple calculation of how many patents a patent examiner has granted compared to the total number of applications examined – each has predictive value and improves our ability to navigate the patent process. However, these patent metrics are only the tip of the iceberg when it comes to what patent analytics can do for patent prosecution. LexisNexis IP has developed an exciting new prosecution indicator that enhances the context and clarity of existing patent metrics.
What are the surrounding circumstances that have influenced the data we use? Seasoned patent examiners able to call upon experience typically act with consistency and an earned confidence that makes their previous decisions more indicative of their next choices. Newer examiners, on the other hand, are likely in a stage of learning and development. They are more prone to issue office actions, to have increased prosecution times and to complicate patent prosecution for patent practitioners – however, this type of behavior may not continue forever. As examiners pass through various stages of their careers, their current actions may begin to deviate from their past. Isolated performance metrics derived from historical data do not paint the entire picture, which is why LexisNexis IP is proud to introduce its newest performance indicator, PatentAdvisor ETA™.
A new way of thinking about patent prosecution, an examiner’s ETA™ is a patent prosecution index produced by a proprietary algorithm designed to take patent prosecution to the next level. ETA goes beyond historical data and individual patent metrics to factor in an examiner’s experience level, typical prosecution length, number of patent grants per year along with other proprietary data. In determining an examiner’s ETA, PatentAdvisor incorporates currently-pending patent application data so prosecution decisions no longer have to be made in the shadow of the past.
Within PatentAdvisor, ETA is displayed both with a numerical value and either a green, yellow or red color code to indicate the anticipated level difficulty or efficiency that is likely to occur during prosecution with that patent examiner. Patent practitioners can rely on ETA to react and adapt their patent prosecution strategies for optimal results. PatentAdvisor ETA is a superior prosecution metric, and LexisNexis PatentAdvisor continues to lead the way in patent prosecution analytics.
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