Patent procurement at the U.S. Patent and Trademark Office is affected by the type of examiner. Certain types of examiners at the USPTO allow and examine disproportionately more U.S. patents each year than other types of examiners. This results in few examiners allowing many patents, and many examiners allowing few patents.
Join Gene Quinn, President and founder of IPWatchdog.com; Dr. Michael Sartori, Partner at Baker Botts; and Megan McLoughlin, LexisNexis IP, as they discuss:
How the type of examiner you are assigned can dramatically affect your prosecution outcomes
Predicting examiner behavior with the PatentAdvisor ETA™ metric
Using objective metrics to measure prosecution performance
All of the metrics currently used to measure law firm prosecution performance suffer from the same deficiency: they are highly dependent on the difficulty of the assigned examiner. At the extremes, this is obvious and expected. Everyone expects a law firm working primarily on software applications to have a lower allowance rate than one focusing on medical devices. However, examiner behavior can vary drastically even within a single art unit, meaning that a few rounds of bad luck could significantly affect a law firm’s statistics, particularly if it prosecutes relatively fewer applications.
Learn how to overcome examiner behavior variability and objectively measure prosecution performance. Watch the On-Demand Webinar >>
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