The Most Important USPTO Patent Examiner Statistics (Besides Allowance Rates)

December 13, 2016 Tara Klamrowski

While everyone can agree on the importance of knowing your patent examiner’s allowance rate, it is not the only statistic that can give you insight into how your examiner will treat your application. LexisNexis PatentAdvisor® offer users a wide variety of examiner statistics to help you achieve a comprehensive understanding of your examiner, potentially leading to a more efficient and effective prosecution strategy.

Office Action Statistics

Like allowance rates, office action rates can help you predict how your examiner will treat your application. PatentAdvisor™ provides you with both overall office action rates and office actions broken down by the different stages of examination. By looking at office actions in relation to prosecution procedural devices at different examination stages, you can get a better sense of what strategies may be effective or ineffective with your examiner.

Sample Office Action Statistics by PatentAdvisor

For example, perhaps you are considering filing an amendment after final with the hope that it will bring your application closer to allowance. However, if, according to PatentAdvisor statistics, an amendment after final that affects the claims has never led to an allowance with this specific examiner, you may reconsider filing such an amendment. Or, if you are considering conducting an examiner interview and you find out that for this examiner an interview leads to allowance only 6% of the time, you may determine an interview is not in your (or your client’s) best interest.

Office Action Rejection Breakdowns

To help you identify and avoid prosecution pitfalls, PatentAdvisor has compiled statistics on office action rejections, including the reasons for rejection.

Sample Office Action Rejections by PatentAdvisor

Data visuals can help you quickly determine the type of rejection you would most likely face before this examiner and its legal basis. Additionally, PatentAdvisor has included how often both Alice and Mayo are cited in rejections. With advance notice of potential rejections, you can adjust your prosecution strategy early on in the process to maximize your chance of getting your application to allowance.

Appeal Statistics

Filing an appeal is a big decision. To make it easier to determine if an appeal would be appropriate for your application, PatentAdvisor has a diverse array of statistics detailing the many different appeal outcomes for applications assigned to your examiner.

Sample Appeal Odds by PatentAdvisor

      

You can explore statistics on how applications are resolved during different points of appeals cycles, including after a pre-appeal review request, after the filing of the examiner’s brief, after the examiner’s reply, and after a decision has been made by the PTAB. Outcomes are further broken down into whether the applicant had a successful disposition of their applicant or an unsuccessful disposition, based on whether the application was allowed, abandoned, faced a final or non-final office action, or if an RCE was filed. All of this information is aggregated to give you an overview to the win/loss record and your estimated chances of winning if you file an appeal.

Through these features and the many others available on its robust analytics platform, PatentAdvisor provides the necessary context for understanding the reasons behind your examiner’s allowance rate. By viewing examiner allowance rates in conjunction with other crucial statistics on office actions, rejections, and appeals, you can gain deeper insight into your examiner’s behavior and your application’s path to allowance. 

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