What Patent Analytics Can Teach You About Examiners

February 9, 2017 Tara Klamrowski

Patent analytics harness the power of big data to help you predict the potential outcomes of the prosecution process, including predicting how your assigned patent examiner will likely treat your application. By analyzing past examiner behavior through statistics and metrics, you can better understand and anticipate future actions.

LexisNexis PatentAdvisor® provides you with comprehensive reports detailing every aspect of your examiners’ history at the PTO. Data visualizations, heat maps and a wide variety of metrics make it easy to build behavior profiles of your examiners in order to predict the decisions they will make during the examination process.  

Here are some questions patent analytics can help you answer.

What Art Units Are They Tough On?

From analytics, you can learn which art units will likely present significant hurdles for your application to overcome before allowance. Compare your application’s art unit allowance with general examiner allowance rates, examiner allowance rates in other art units and tech center allowance rates to gain a better understanding of your application’s chance of making it to allowance.

Macintosh HD:Users:taraklamrowski:Desktop:Screen Shot 2017-01-14 at 8.14.39 AM.pngSample PatentAdvisor Allowance Rate Statistics from Examiner Report

How Long Will Prosecution Likely Take?

You can also use analytics to estimate the amount of time your application will spend in the examination process. Use data collected from the PTO to determine how many office actions you will likely face, average examiner response times to office actions and how long applications typically take to be issued or rejected. Compare examiner timelines to overall timelines for your application’s art unit to see if your application is performing within the averages or better or worse than the averages.

Sample PatentAdvisor Timelines from Examiner ReportMacintosh HD:Users:taraklamrowski:Desktop:Screen Shot 2017-01-14 at 8.16.02 AM.png

 

Is This Examiner Receptive to Interviews?

By studying analytics reports, you can learn if conducting an examiner interview is effective for getting your application closer to allowance. PatentAdvisor™ statistics can help you easily compare examiner application interview rates and their outcomes, whether it is allowance, abandonment or a final or non-final office action. This makes it easy to discover correlations between applications where an interview was conducted and positive outcomes.  

How Often Does My Examiner Require RCEs?

Analytics can tell you you if an examiner is likely to require a Request for Continued Examination before allowance. You can view statistics on RCEs that resulted in immediate notices of allowance and on applications where multiple RCEs were filed before final disposition. Learn the average amount of time it takes between an RCE and the next substantive office action to predict what filing an RCE could look like for your application.

What are Their Abandonment Rates?

Yet another thing analytics can uncover about examiners is their abandonment rates. Using statistics, you can see if a particular examiner abandons applications at a greater rate than other examiners in a given art unit. This type of information can be helpful early on in the examination process when you are still formulating your prosecution strategy so you can adequately prepare for potentially difficult examiners.  

These are just a handful of the insights you can gain about your examiners from the analytics within PatentAdvisor.

PatentAdvisor provides access to the most comprehensive patent prosecution analytics available anywhere. Understand why certain patent applications take longer than others to reach allowance— then use that knowledge to devise better prosecution strategies.

 

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