The most predictive indicator of prosecution length and complexity developed to date.

PatentAdvisor Examiner ETA™ is the newest metric exclusively available on the LexisNexis PatentAdvisor® patent analytics platform. It also happens to be the most predictive indicator of prosecution length and complexity developed so far. Each Examiner ETA™ is based on a proprietary algorithm that interprets how a patent examiner behaves, and ETA makes it possible for PatentAdvisor™ users to more accurately predict an assigned patent examiner’s future behavior and identify prosecution cases that could require additional care and a carefully crafted patent prosecution strategy.

ETA is unique because it helps eliminate some of the bias against (or in favor of) patent examiners that are inherent in historical statistics, and it aims for a more on-point examiner assessment by considering an examiner’s pending patent applications (and not only those that have been completely evaluated), by factoring in how long an examiner has been with the USPTO (and how their decisions change over time), and by focusing on events that are determined by an examiner’s behavior and not by a patent filer’s actions.

Understanding ETA

PatentAdvisor provides ETA information for each USPTO patent examiner and makes ETA accessible throughout the PatentAdvisor platform. The Examiner Dashboard communicates a selected patent examiner’s ETA to a user in both a numerical form and an easy-to-understand color code.

Red ETA Examiners: Patents examiners tagged as being “red” are likely to grant less than 15 patent applications each year and have a high likelihood of long patent prosecution length. “Red” patent examiners have been assigned an ETA value of 6 or more, and their overall difficulty may require caution and the advice of PatentAdvisor to help effectively and efficiently prosecute the applications they are assigned.

Yellow ETA Examiners: “Yellow” patent examiners fall below “red” patent examiners on the difficulty scale (having a 2.6 to 5.9 ETA value). They typically grant anywhere between 15 and 150 patent applications annually, and prosecution length is typically moderate. PatentAdvisor can assist users in developing effective patent strategies for facing “yellow” examiners, helping them reduce prosecution times and avoiding costly pitfalls.

Green ETA Examiners: Green is the color code everyone is hoping for – “green” patent examiners typically grant over 150 patent applications each year and typically require little time in patent prosecutions. The ETA metric value assigned to “green” examiners ranges from 0.1 to 2.5.

Using Examiner ETA

ETA is a multi-purpose patent tool that can be used for a single patent case or for managing an entire patent portfolio. Additionally, each ETA’s value is apparent throughout various stages of the patent process.

Pre-Filing: The ETA Distribution™ and Lottery Map™ can help patent practitioners strategically target specific tech center groups that are more favorable. PatentAdvisor and LexisNexis PathWays™ provide the number of green, yellow and red ETA examiners in any USPTO defined group with the ETA Distribution. PatentAdvisor goes one step further by providing a Lottery Map that shows users their likelihood of receiving a specific type of examiner based on the examiner’s ETA, caseload and processing times within each art unit. Armed with ETA information before filing, patent professionals can help guide their patent applications to those art units with more favorable outcomes.

Post-Filing: PatentAdvisor does more than just assess the relative difficulty of an assigned patent examiner, PatentAdvisor also provides users with specific steps to consider when facing each category of Examiner ETA. Each ETA is accompanied by analytical insights and actionable advice to help ensure patent prosecution goes as smoothly as possible.

Portfolio Management: PatentAdvisor enables users to run analytics over entire electronic briefcases of documents to assess portfolio health and to filter out patent applications based on various metrics. Patent professionals who deal with a large number of patent applications can use ETA to help identify those patent applications that are most problematic or that may require special attention – allowing them to take action to reduce unnecessary expense.

LexisNexis PatentAdvisor®

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Get to know your examiner better with more context and a deeper understanding of your examiner’s behavior than ever available before.

With your free trial, you will gain instant access to:

Examiner Search allows you to search by examiner name for a filterable, examiner specific dashboard of patent analytics, including rejection specific statistics, appeal statistics, prosecution statistics, interview statistics, a backlog of RCEs and timeline.

QuickPair easily replaces the USPTO Public PAIR by providing the most robust application details anywhere, including examiner timeline, examiner allowance rate and the average time and number of office actions to allowance.

PatentAdvisor, the first-ever data-driven patent strategy tool, provides a systemic approach to crafting an effective prosecution strategy. Understand why certain patent applications take longer than others to reach allowance—then use that knowledge to devise better patent prosecution strategies.

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