Integration will let users access examiner statistics from within their favorite management software

As we continue to investigate major rivalries in the patent law world, we now turn our attention away from market-based competition and onto academic competition. This is a type of rivalry that, while generally good-natured, can get quite heated as various schools battle it out in academic rankings, job placement statistics, and on the field. When it comes to academic rivalries in the sector, there is perhaps none more fierce than the one between the two preeminent schools of technology in the United States--MIT and Caltech. The Massachusetts Institute of Technology (MIT) was founded in Cambridge in 1861 to educate students in applied science and engineering in the rapidly-industrializing United States. Widely considered to be among the top technology schools in the world, MIT ranks #7 overall among national universities in the United States according to U.S. News, and #1 for several of its undergraduate and graduate programs, including engineering, chemistry, and mathematics. The school has produced 85 Nobel laureates, 45 Rhodes Scholars, and 34 astronauts.

Juristat is proud to release its ranking of the Top 100 U.S. Patent Firms.  This is the only ranking of U.S. patent prosecution firms that is based on the objective measurement of those firms' performance in front of the United States Patent and Trademark Office.

In the post-Alice era, allowances in the 3620s, 3680s, and 3690s e-commerce art units are an increasingly rare sight. The decision has wreaked havoc on the way the courts and patent examiners interpret software and business methods claims, making its application unpredictable and inconsistent. Many commentators allege that the decision is being applied overzealously by many examiners, resulting in almost every application in the e-commerce art units receiving an Alice rejection, which in many cases can be a death warrant.
Since Alice was decided in June of 2014, the percentage of applications receiving § 101 rejections in the e-commerce art units jumped dramatically from about 30% before Alice to over 80% shortly after Alice, with several examiners citing Alice in 100% of their rejections. Despite this arguably harsh application of the decision, business methods patents are still being issued, albeit quite a bit more infrequently than in the past. With careful strategic planning and an expert understanding of the intricacies of the case, skilled patent attorneys are still able to obtain business methods patents for their clients.

by Drew Winship and James Cosgrove

Tackling the Application Backlog
When David Kappos took over as Director of the USPTO in August 2009, he was greeted by an overwhelming backlog of patent applications. By the following month, Mr. Kappos proposed changes to address the growing problem. These changes were directed at the USPTO’s docket management and examiner count systems. As a refresher, the examiner count system is one of the USPTO’s methods for influencing examiner productivity. As John Penny and Joshua Rudawitz of Nutter put it:

As part of our ongoing project to pit major companies against each other to see who comes out on top in patent prosecution, we are now taking a turn to the great American automotive industry. The two companies in our ring this week are two giants of the field, and two of the most iconic American companies in existence--Ford and General Motors (GM). As a car-obsessed culture, the products these companies produce are etched into our national psyche and have even become part of our national identity. For Ford, classics such as the Thunderbird, Mustang, and Falcon come to mind. In GM's case, we have the Chevrolet Bel-Air, Cadillac Escalade, and Pontiac GTO. These vehicles evoke images of American individualism, the open road, and endless possibility.
While these products conjure up strong emotions for many, the companies that produce them are more concerned with making money. The best way for them to do this is to protect their innovations through intellectual property laws, thus encouraging the competition to pursue their own innovations and giving American consumers a wide variety of innovative, high-quality automobiles to choose from. It is this struggle that has kept Ford and GM on their toes throughout the decades. However, which comes out on top in obtaining patent protection for their products? Using Juristat's Marketing Reports, we compared a few key metrics of effectiveness in patent prosecution. Below are some graphs illustrating our findings.

TC 2100 handles computer-related applications, including applications touching on data processing, memory, information security, and artificial intelligence. Its overall allowance rate is 66.2%, which is slightly below the USPTO average of 71.3%. In terms of average speed to disposition, it takes an average of 40.6 months to prosecute an application in TC 2100, which is slightly slower than the USPTO average of 35.8 months. Below are the top 10 firms based on allowance rate in TC 2100. All firms were selected from IP Today's top firms for 2015 and have at least 100 disposed applications in the technology center.

On June 19, 2014, the Supreme Court issued a landmark ruling in Alice Corp. v. CLS Bank International.  Besides an explosion of bad Alice in Wonderland allusions in the patent law blogosphere, Alice significantly changed the landscape for software patents. Alice makes it significantly more difficult to obtain a patent on software and § 101 rejections have become much more common in the decision's wake. We at Juristat used our database of over 6.8 million patent applications to determine the top 10 firms with the highest success rate in overcoming Alice rejections.  We limited our analysis to firms that have had at least 15 applications that received rejections based on Alice between June 19, 2014 and May 1, 2015.