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Allowance rates: Examiner allowance rates in relation to overall art unit and other examiners within that art unit; Average action times and examiner application history; Rejection-specific statistics: Frequency of first, non-final and final office action rejections; Examiner appeal record and RCE analysis If you were uncertain about whether to appeal, this examiner's statistics would weigh heavily in favor of appealing. 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. Find out how to protect intellectual property in other countries. 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. The USPTO is currently improving our content to better serve you. Below are the individual data files in .csv format for the Orange Book/biologics study and the data dictionaries, which provides names, definitions, and attributes for the data in the files, in .pdf:     Orange Book petitions (csv, pdf)         Biologic petitions (csv, pdf)         Litigation data for patents (csv, pdf)         Litigation data for petitions (csv, pdf), Parallel proceedings study (April 2019) - a report on interaction between parallel proceedings at the USPTO (e.g., AIA proceedings, reexam, and re-issue) involving issued patents, Expanded panels study (March 2018) - a report on panel expansion in AIA trials, Orange Book-listed patent study (March 2018) - a report on FDA-approved drug patents challenged in AIA trials, Multiple petition study (October 2017) - a report on multiple petitions filed in AIA trialsSpecial reports archive. Obtain broader patents for your clients, in less time, and at lower cost. Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. 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… Grant Rate. Examiner Grant Rate. 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. 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. U.S. Patent and Trademark Office statistics indicating that patent applicants lose 60% of appeals fail to account for pre-Patent Trial and Appeal Board resolutions, and an ex parte appeal … Current fiscal year (FY) statistics to date: Appeal and interference statistics archive, Motion to Amend Study, Installment 6 through March 31, 2020 (updated July 2020) – a report on the outcomes of pre-pilot motions to amend in AIA trials and some limited data for motions to amend filed under the Office’s pilot program         Data for 504 completed trials with a pre-pilot MTA (July 2020) – a report on the data for the 504 completed trials with a pre-pilot MTA. It should surprise no one that I think examiner statistics are useful (otherwise why would I waste time blogging about them or building BigPatentData Examiner Statistics).But thinking they are useful 1 is a far cry from thinking they are some sort of silver bullet (the werewolf killing kind, not the “hmm, this rocky mountain water tastes a little bit like beer” kind). Can you describe the problem? 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. We would like to know what you found helpful about this page. Sharable Patent Prosecution Analytics reports are available for all published US patents and applications. Patent research tools to make you a smarter, more-efficient patent prosecutor. In this blog post, I use Patent Bots examiner statistics to see how often this happens. Trial statistics by patent and by claim (June 2020) - a report providing various AIA trial statistics, including results by petition, by patent, and by claim; also includes an update on multiple petitions. The examiner pages are generated using data obtained directly from the USPTO and are updated on a regular basis. § 103 at Phase 2 of the USPTO’s Patent Academy, a training facility for newly-hired patent examiners. Email questions about PTAB statistics to PTAB Statistics Box. We may have questions about your feedback, please provide your email address. Juristat’s Examiner Reports and Examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner basis. Under Construction: PTAB is migrating to a new statistics format for AIA trials. Paul has over twenty-five years of experience in the patent field, starting his career as a Patent Examiner. In addition, Mr. Marcus co-authored and delivered lectures on 35 U.S.C. So if you and your client do not want to go all the way to the board, there is probably no use in filing an appeal brief with Examiner Itskovich. . ... General workload statistics relating to patent examiner staffing may be viewed in workload table 28 of the Commissioner of Patents and Trademarks Annual Reports / Performance and Accountability Reports. For other assistance, please see our contact us page. Mr. Shipley is a former patent examiner at the U.S. Patent and Trademark Office and was a law clerk to the Honorable Claude M. Hilton, United States District Judge in the U.S. District Court for the Eastern District of Virginia. Search recorded assignment and record ownership changes. Sample Office Action Rejections by PatentAdvisor. With Examiner Vo, you have a 31% chance of getting an issued patent by 3 years after the first office action. 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. Patent Examiner Statistics. 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. 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. Juristat’s powerful search algorithms and intuitive interface help you uncover trends from more than 10M pending, abandoned, and granted patent applications. 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. Patent examiners review two main types of applications : design patents and utility patents. Email questions about PTAB statistics to PTAB Statistics Questions. Examiner Vo is a very hard examiner and in the 86th percentile across all examiners (with 100th percentile most difficult). // , › Products & Services › Knowledge Center  › The Patent Workflow › Better Patents Now Podcast, Corporate Office7 Walnut Grove DriveHorsham, PA 19044, Application Monitoring & Portfolio Management. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Considering all examiners who have examined at least 100 applications in the past 3 years, the average allowance rate is 75%, and the median allowance rate is 79%. The highest allowance rate seen in the wild is 99% shared by 10 examiners. In addition, we now provide end of year outcome statistics for fiscal year 2019 for AIA trials below, and expect to provide the same for fiscal year 2020 soon. Trial statistics by patent and by claim (June 2020) - a report providing various AIA trial statistics, including results by petition, by patent, and by claim; also includes an update on multiple petitions.. Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. Count. 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. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. We have a page for each patent examiner with grant rates, difficulty rankings, appeals statistics, and more. Learn about our current legislative initiatives. Paul has a passion for patent analytics and understands the benefits of using patent analytics to guide patent … Legacy format statistics archive. Find upcoming programs related to IP policy and international affairs. For example, perhaps you are considering filing an amendment after final with the hope that it will bring your application closer to allowance. Examiner Statistics. 134(b) PATENT OWNER. Appeal Statistics Filing an appeal is a big decision. Filing an appeal to the Federal Circuit requires that the applicant, the owner of a patent involved in a reexamination proceeding, or a party to an interference proceeding: (A) file in the U.S. Patent and Trademark Office a written notice of appeal ( 35 U.S.C. 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. 0%. Collectively, they disposed 1100 cases at an average allowance rate of 96% and pendency of 20 months. Paul Harrity Co-Founder. Have a comment about the web page you were viewing? 35 U.S.C. 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. On July 12, 2005, the Patent Office implemented a pilot program, the Pre-Appeal Brief Review (PABR), which gave applicants a fourth option when facing a final rejection of their application. We put the entire USPTO patent data set at your fingertips to inform prosecution decisions, drive new business strategy, and more. Lookup patent examiner statistics, search PAIR/PTAB files, and retrieve patent pdfs and info.

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