The U.S. Patent and Trademark Office (USPTO) offers you access to a wealth of information through their full-text search database and high-level statistics dashboard. However, without the ability to draw connections between all of this information, it is difficult for you to truly gain insight into how the prosecution process will affect applications in you or your client’s portfolio.

With PatentAdvisor™, you not only have access to all of the information published by the patent office, but you have the tools you need to bring context to application information and to understand how the various facets of the prosecution process can impact the outcomes of your applications.

Here are some ways PatentAdvisor can help make sense of patent office information:

1. How an Interview Can Help Get Your Application Granted

Patent analytics can give you the ability to identify previously undiscovered trends and patterns in the examination process. These trends and patterns can help you understand your patent examiner’s past behavior and even potentially predict how they will likely treat your application. You can use this insight to enhance your prosecution strategy in order to improve outcomes for your applications.

For example, the QuickPAIR data within PatentAdvisor may show that applications with a particular examiner have a higher likelihood of making it to allowance when there was an examiner interview than without examiner interviews. Using this information, you can tweak your prosecution strategy to maximize your application’s chance of success by ensuring examiner interviews are always conducted for applications in similar art units.

2. How Other Applicants Overcame Rejections

With PatentAdvisor, you not only have the power to analyze how an examiner handles your application, you also have the power to analyze how that examiner handled similar applications in the past. The exclusive, PatDocSearch feature within PatentAdvisor enables you to search all patent related documents so that you can uncover other applications that faced the same rejections from that examiner and find out how others overcame similar rejections. This enables you to craft prosecution and drafting strategies that can help your application avoid these types of rejections all together.

3. How Much Prosecuting an Application Will Cost

Another thing you can learn from patent analytics is how much prosecuting a particular application or group of applications is likely to cost. PatentAdvisor gives you the ability to estimate the cost of prosecution based on the average number of office actions other applications with that same examiner faced before they were granted.

For example, the typical office action is estimated to cost around $3,000. Accordingly, if you find your art unit has an average rate of two office actions for your particular examiner, you can predict that the cost of prosecuting your application will likely be around $6,000. This information, coupled with knowing your art unit and examiner allowance rates, enables you to determine whether this application is worth the time and money to prosecute given its return on investment potential.

PatentAdvisor gives you the ability to research examiners, art units, applications, documents and more in order to better understand how your application will be treated during the prosecution process.

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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