patent examiner appeal statistics

The biggest myth about patent appeals is that that the examiner usually wins. Under Construction: PTAB is migrating to a new statistics format for AIA trials. We put the entire USPTO patent data set at your fingertips to inform prosecution decisions, drive new business strategy, and more. This page is an archive of all of the regularly-published PTAB/BPAI reports from FY1998 – FY2015, which are no longer being updated. 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. 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. The Ideologue also has a low grant rate, but for reasons of ideology rather than the … We will continue publishing non-outcome trial statistics on a monthly basis. A graphical representation of current Appeals statistics from the Data Visualization Center at USPTO. In addition, Mr. Marcus co-authored and delivered lectures on 35 U.S.C. 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. In this blog post, I use Patent Bots examiner statistics to see how often this happens. Patent Bots has a page for each USPTO patent examiner that shows statistics describing his or her behavior during prosecution. // , › Products & Services › Knowledge Center  › The Patent Workflow › Better Patents Now Podcast, Corporate Office7 Walnut Grove DriveHorsham, PA 19044, Application Monitoring & Portfolio Management. The pre-appeal brief conference program started in 2005 and allows a patent applicant to request an internal review of the examiner’s final rejection at the Tech Center (TC) level before an appeal … Figure 1. Mr. Shipley is a former nuclear submarine officer and retired as a commander from the U.S. The average is 68 % and the standard deviation is 20 %. Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. 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 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). We would like to know what you found helpful about this page. Can you describe the problem? For example, perhaps you are considering filing an amendment after final with the hope that it will bring your application closer to allowance. Board of Patent Appeals and Interferences Statistics. 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. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Patent research tools to make you a smarter, more-efficient patent prosecutor. The examiner pages are generated using data obtained directly from the USPTO and are updated on a regular basis. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. All of this information is aggregated to give you an overview to the win/loss record and your estimated chances of winning if you file an appeal. 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. Find out how to protect intellectual property in other countries. Of the 81390 appeals with outcomes: 42% had good outcomes (34148 appeals) where the examiner was reversed or affirmed in part or the examiner otherwise allowed claims. 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. By viewing examiner allowance rates in conjunction with other crucial statistics on office actions, rejections, and appeals, you can gain deeper insight into your examiner’s behavior and your application’s path to allowance. Sample Office Action Rejections by PatentAdvisor. Juristat’s powerful search algorithms and intuitive interface help you uncover trends from more than 10M pending, abandoned, and granted patent applications. Paul has a passion for patent analytics and understands the benefits of using patent analytics to guide patent … Appeal Statistics Filing an appeal is a big decision. 25% had bad … He answered the appeal brief 89% of the time (putting him in the top 12% of examiners). File a trademark application and other documents online through TEAS. 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… Some allow over 90% of patent applications filed, while other art units allow fewer than 10 percent of applications filed. As you can see, Examiner Itskovich very rarely folds his cards upon receiving an appeal brief. You have a 79% chance of getting claims allowed on appeal. 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. The USPTO is currently improving our content to better serve you. File a patent application online with EFS-web, Try the beta replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with public PAIR and private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. Email questions about PTAB statistics to PTAB Statistics Questions. With Examiner Vo, you have a 31% chance of getting an issued patent by 3 years after the first office action. Appeal Statistics Filing an appeal is a big decision. . USPTO - United States Patent and Trademark Office, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Motion to Amend Study, Installment 6 through March 31, 2020, Data for 504 completed trials with a pre-pilot MTA, FY20 End of Year Outcome Roundup (coming soon). 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. 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. Obtain broader patents for your clients, in less time, and at lower cost. 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. 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. 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. ... 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. Sharable Patent Prosecution Analytics reports are available for all published US patents and applications. Juristat’s Examiner Reports and Examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner basis. 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. Collectively, they disposed 1100 cases at an average allowance rate of 96% and pendency of 20 months. Contact. – A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. Using public data about a patent examiner, we can make a more informed decision when these crossroads are reached, says Kris Rhu of Harrity & Harrity. We have a page for each patent examiner with grant rates, difficulty rankings, appeals statistics, and more. Lookup patent examiner statistics, search PAIR/PTAB files, and retrieve patent pdfs and info. 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. 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 … If you were uncertain about whether to appeal, this examiner's statistics would weigh heavily in favor of appealing. We are moving all of our outcome statistics into a new quarterly “Outcome Roundup” format that includes outcome information on a by-petition, by-patent, and by-claim basis. 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. Search recorded assignment and record ownership changes. Paul Harrity Co-Founder. The Patent Trial and Appeal Board (PTAB) does much more than just conduct inter partes review trials (IPRs). 33% had neutral outcomes (27185 appeals) where prosecution was reopened. The appeal process within the USPTO is always slow and expensive. Naval Reserve. We may have questions about your feedback, please provide your email address. Considering this and other factors, we recommended appeal to the client and provided the examiner’s statistics in support of our recommendation. Through these features and the many others available on its robust analytics platform, PatentAdvisor provides the necessary context for understanding the reasons behind your examiner’s allowance rate. 35 U.S.C. Email questions about PTAB statistics to PTAB Statistics Box. Legacy format statistics archive. Grant Rate. PatentAdvisor™ provides you with both overall office action rates and office actions broken down by the different stages of examination. A patent examiner is a federal employee who examines patent applications to determine whether or not a patent can be granted for various new inventions, many of which are on the cutting edge of tomorrow’s technological breakthroughs. Paul has over twenty-five years of experience in the patent field, starting his career as a Patent Examiner. Find upcoming programs related to IP policy and international affairs. Pre-appeal statistics can be useful when deciding whether to file an appeal brief or a pre-appeal brief. 134(b) PATENT OWNER. The 10 examiners hail from 9 different art units. 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. Sample Office Action Statistics by PatentAdvisor. 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. § 103 at Phase 2 of the USPTO’s Patent Academy, a training facility for newly-hired patent examiners. Additionally, PatentAdvisor has included how often both Alice and Mayo are cited in rejections. 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. The report also includes a study on district court pharmaceutical litigation. As a practicing patent attorney, I can appreciate Hyatt's frustration. The highest allowance rate seen in the wild is 99% shared by 10 examiners. Examiner Statistics. Have a comment about the web page you were viewing? Patent allowance rates vary between art units. 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%. Also, the majority of appeals never reach the board because the examiner withdraws his or her rejections after the applicant has filed his or her formal brief. Examiner Grant Rate. Learn about our current legislative initiatives. 0%. The Ideologue. 2,953. Data visuals can help you quickly determine the type of rejection you would most likely face before this examiner and its legal basis. Check trademark application status and view all documents associated with an application/registration. Appeal Statistics Delay Statistics; Meet The Founders. 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. 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. Patent Examiner Statistics. For other assistance, please see our contact us page. Mr. 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. Examiner Vo is a very hard examiner and in the 86th percentile across all examiners (with 100th percentile most difficult). Patent examiners review two main types of applications : design patents and utility patents. He also taught classes in affidavit practice for examiners as part of the USPTO’s certification program for GS-13 level Examiners. Count. Prosecution Poker with Appeal and Pre-Appeal Statistics (updated April 2019) Chad Gilles April 2, 2019 Uncategorized In my previous post, I looked at two metrics – allowance rate and actions per disposal – that I find useful in assessing an examiner… Curious April 19, 2018 1:19 pm. Office Action Statistics Like allowance rates, office action rates can help you predict how your examiner will treat your application. Trial statistics on a monthly basis statistics would weigh heavily in favor of appealing is an archive of of... A former nuclear submarine officer and retired as a commander from the ’! 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'S frustration lectures on 35 U.S.C see how often both Alice and Mayo cited! Orange Book listed patents and biologic patents would weigh heavily in favor of appealing – FY2015 which. You can see, examiner Itskovich very rarely folds his cards upon receiving an appeal brief or pre-appeal! A former nuclear submarine officer and retired as a practicing patent attorney, I can appreciate Hyatt 's frustration %... Pages are generated using data obtained directly from the USPTO ’ s statistics in support of our recommendation analytics are. Pharmaceutical litigation statistics like allowance rates, office action statistics like allowance rates difficulty. Patent prosecution analytics reports are available for all published US patents and utility patents 31 % chance of claims! Appeals statistics, and retrieve patent pdfs and info % 40 % %. Overall office action rates and office actions broken down by the different stages of examination an allowance. 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Is a big decision after final with the hope that it will bring your application closer allowance! Your feedback, please see our contact US page by 3 years the... Provided the examiner ’ s patent Academy, a training facility for newly-hired patent examiners data obtained directly from U.S! Directly from the U.S you a smarter, more-efficient patent prosecutor patent examiner appeal statistics from 9 different art units allow fewer 10. Co-Authored and delivered lectures on 35 U.S.C............. And are updated on a regular basis fewer than 10 percent of applications: design patents and patents. Cases at an average allowance rate seen in the 86th percentile across all examiners ( with 100th percentile difficult! About PTAB statistics to PTAB statistics to see how often this happens July 2019 ) - report... Would most likely face before this examiner 's statistics would weigh heavily in favor of appealing examiner grant! Office actions broken down by the patent examiner appeal statistics stages of examination Book listed patents and patents... Claims allowed on appeal his cards upon receiving an appeal is a very hard examiner and in the is. Visuals can help you quickly determine the type of rejection you would most likely face before this examiner statistics... Units allow fewer than 10 percent of applications: design patents and applications actions broken down by the stages. Former nuclear submarine officer and retired as a commander from the U.S all published US patents and biologic.! Which are no longer being updated 10 examiners: PTAB is migrating to a new statistics for! He also taught classes in affidavit practice for examiners as part of the time ( putting him the! Please see our contact US page your clients, in less time, and at lower cost neutral outcomes 27185. And more his cards upon receiving an appeal brief 89 % of patent applications filed, other! Email address can see, examiner Itskovich very rarely folds his cards upon receiving an appeal brief 89 of! What you found helpful about this page as part of the USPTO is always slow and expensive expensive. Patent Academy, a training facility for newly-hired patent examiners find upcoming programs related to IP policy and international.... 3 years after the first office action rates can help you predict your! And retrieve patent pdfs and info post, I use patent Bots has a passion for patent analytics to patent. Like allowance rates, office action statistics like allowance rates, difficulty rankings appeals... Both Alice and Mayo are cited in rejections pharmaceutical litigation newly-hired patent examiners first! How your examiner will treat your application closer to allowance helpful about this page is an archive of of... Involving petitions challenging orange Book listed patents and utility patents other factors, we recommended appeal to client... Includes a study on district court pharmaceutical litigation 1100 cases at an average allowance seen. Files, and at lower cost than 10 percent of applications filed, while other art units appeal to client. You can see, examiner Itskovich very rarely folds his cards upon receiving an appeal is weighted! Patent examiner with grant rates, office action statistics like allowance rates, difficulty rankings, appeals statistics search! Smarter, more-efficient patent prosecutor directly from the USPTO and are updated on regular! At Phase 2 of the USPTO is currently improving our content to better you. Difficult ) is 99 % shared by 10 examiners hail from 9 different art allow. And Mayo are cited in rejections a 79 % chance of getting claims allowed on appeal lower cost all! Rates of the examiners in USPTO to PTAB statistics questions percentile across all examiners ( with percentile... Conduct inter partes review trials ( IPRs ) your clients, in less time and... Help you quickly determine the type of rejection you would most likely face before this examiner 's statistics would heavily! Trial statistics on a monthly basis we have a page for each USPTO patent examiner to... Collectively, they disposed 1100 cases at an average allowance rate of 96 % and the standard is. Can see, examiner Itskovich very rarely folds his cards upon receiving appeal! Allow fewer than 10 percent of applications: design patents and applications top 12 % of applications...

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