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Patent analysis and insight
Analysis and insight to bring more predictability, transparency, and equity to your patent prosecution.
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Analysis and insight to bring more predictability, transparency, and equity to your patent prosecution.
On Sunday, February 24, film fans, pop culture fanatics, and all of Hollywood’s brightest stars will tune in to the live broadcast of the 91st Oscars ceremony. With eight movies nominated for best picture, from the bombastic Queen biopic Bohemian Rhapsody to the devastatingly poetic Roma, the ceremony is guaranteed to be star-studded, ornate, and maybe even a little unpredictable.
Less than six weeks apart, both Apple and Amazon hit major milestones, reaching $1 trillion in valuation. (Apple on August 2, 2018, and Amazon on September 4, 2018.)
These two tech giants, along with Facebook, Netflix, and Google, are often grouped under the acronym “FAANG,” and are synonymous with rapid growth and innovation. As a group, the five companies command over $3 trillion in market capitalization and hold thousands of patents.
When we think about the technologies that have changed the face of the world and built the modern era, it is impossible to forget or ignore the role of the automotive industry. The automotive industry and the broader sector that it supports defined more than two generations of economic prosperity and mobility in the United States. The automobile in many ways marked the maturity of the industrial age and has since made an indelible mark on our culture and everyday life.
As part of our ongoing effort to uncover the firms that perform the best using various key metrics of skill in patent prosecution (allowance rate, speed to disposition, number of claims lost, etc.), we wanted to rank some of the most efficient law firms for patent prosecution. Now, there are several methods for measuring "efficiency" in patent prosecution, the most obvious being average speed to disposition and average number of office actions. We have previously ranked the speediest firms in several technology centers (here, here, and here), but we have not yet ranked firms using average number of office actions as an indicator of overall efficiency. Below are the top 10 firms that receive the fewest office actions. They are ranked by the average number of office actions they received between publication and disposition for all utility patent applications disposed between January 1, 2005 and March 31, 2016. In order to achieve the most accurate sample sizes, we limited the pool of eligible firms to those that had disposed of at least 5,000 applications during the relevant time frame.
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.
Patent prosecution is complex – we know. If you’re ready for simpler workflows and more predictable outcomes, give us a call.