Big Data Benefits for Your Patent: Strategies for Before, During and After Prosecution

Data Strategies for Before, During and After Patent Prosecution

With the right data, IP practitioners can make nuanced and strategic decisions to aid their patent prosecution process.

Here are some steps firms and in-house teams can take before, during, and after prosecution with Juristat Analytics.

Before you file

1. Make sure the best attorney is on the case. Whether you are part of an in-house team in need of a firm that can best guarantee success, or a firm needing to put their best attorney on the job, we can help.

Our attorney-level metrics are based on the attorney signature block on the most recent substantive filing in the prosecution. Juristat allows you to filter metrics based on current attorney, attorney at disposition, or first attorney, as in some cases they may be different.

Jane Doe Patent Attorney Analytics

Examine an attorney’s average allowance rate, or dig down to see their performance in each technology center, art unit, CPC or USPC class to see if they’re a right fit for the assigned matter. You can also identify those with the largest workload, and find new attorneys to bring on board based on their success at the USPTO.

2. Analyze claim language. Our drafting tool identifies your application's likely class assignment, as well as potential art unit or tech center assignments and prior art cited against similar applications. Arming yourself with this information will help you approach prosecution with a more clear, strategic plan.

With all of this information, you can make an informed decision about whether to change the language of your claim to alter your likelihood of being assigned to a problematic technology center, art unit, or class. One caveat is that any practitioner must be thoughtful when making changes to claim language in order not to lose claim scope or claim something unintended.

During prosecution
1. Review your examiner’s analytics. Use analytics to learn more about your examiner’s behavior. Examiner Reports detail each examiner’s allowance rate, average office actions per application, response win rates for interviews and RCEs, and so on to help you tailor a prosecution strategy that meets your examiner’s unique preferences.

David Parsley USPTO Examiner Analytics

2. Gather information on your examiner’s past appeals. With our available appeal information, you can determine whether it's worth the time and expense to request a pre-appeal brief conference. The Appeals Overview graph gives a more granular look at how appeals have proceeded through the appeal process from your examiner. Hover over any of the solid bars or wavy lines to see more information about how many appeals took a particular path through the appeal process.


Examiner Reports also allow you to research rejections your examiner has issued and arguments that overcame those rejections. The Office Actions and Responses table allows you to research prior applicant rejection responses. 

After prosecution

1. Capitalize on your success. Thanks to business intelligence, law firms can show off their prosecution success rate, a valuable metric for firm marketing, business development, and RFP strategy. Highlight firm-wide allowance rates, time to disposition, and competitive advantage compared to other firms.

Plus, you can use your firm's Prosecution Health Dashboard to identify new clients or find opportunities to grow existing relationships.

2. Know the value of your patent. Quickly identify your most valuable patents and applications, discover licensing opportunities, catch potential infringement, and make data-driven decisions around maintenance fees with Juristat 102 Forward Cite Reports

With this report, you'll know each time an examiner forward cites an issued patent or patent application against competitors in 102 rejections.




3. Stay ahead of the competition. And finally, leverage our competitive intelligence capabilities to stay ahead. Zero in on critical technologies and competing assignees to see where they’re investing their IP resources. Identify the USPC or CPC class tied to the relevant technologies, take a look at assignees with a high number of applications within that art unit, and explore their current applications with Juristat Analytics.

Want to see how firms and in-house counsel use our industry-leading analytics to drive prosecution strategy and increase revenue? Schedule a demo today.

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