For patent applicants looking to move quickly, the USPTO's Track One program is a seemingly obvious choice. But does the program, which was instituted in 2011, still work? The answer is yes – but not like it used to.

We often use allowance rate as a quick and simple way to quantify success at the USPTO -- and we know law firms use it too. However, that is just one of many indicators in-house counsel can use to evaluate firm performance. 

In the world of patent applications, timing is key. When your firm receives an office action, a quick and thorough response helps ensure smooth communication with your examiner and calms your anxious client.

Pfizer and Mylan, the maker of EpiPens, are merging. Pfizer will offload Upjohn, its portfolio of drugs that are no longer protected by patents, including Viagra, Lipitor and Celebrex, combining with rival Mylan to create a new company that will have a new, yet-to-be-announced name.

The USPTO recently hosted a webinar about the general approach to interpreting claims and how the specification interacts with and modifies those claims. With the goal of providing answers to common examiner questions, the webinar specifically discussed the importance of the broadest reasonable interpretation (BRI) of each claim, how to handle claim limitations, and the added difficulty of limitations related to 35 USC 112(f) (aka “Means-or-Step-Plus-Function” Limitations). The hope is to create consistent examination guidance that ensures all claims will be interpreted similarly by anyone of ordinary skill in the art. 

United Technologies, an American multinational conglomerate, recently agreed to combine its aerospace business with military contractor Raytheon, creating a new manufacturing giant in the aerospace and defense sectors. Under the new name of Raytheon Technologies, the merged company would have about $74 billion in expected sales for 2019. 

When looking for outside counsel, companies are likely hearing similar pitches from all law firms. Business intelligence can be a powerful differentiator, a tool that helps law firms identify areas of strength and discover new pathways to success. It can lead to more focused marketing efforts and a general uptick in client buy-in.

Thanks to Juristat examiner analytics, patent practitioners can now leverage data to shape prosecution strategy based on the decision history of an assigned examiner.

Here are  three essential (and often overlooked) examiner analytics that can lead to a more strategic prosecution.

Sprint and T-Mobile recently announced that they had reached a deal to merge, promising to “be a force for positive change in the U.S. wireless, video, and broadband industries.” Combining the country’s third and fourth largest mobile service providers would be one of the most significant consolidations in the American wireless market in years.

We’ve all been there. Prosecution is taking longer than expected. You’re facing one rejection after another. And your client is starting to question whether this patent is worth pursuing.

This precarious position is where Jonathan Miller of Nicholson De Vos Webster & Elliott LLP found himself during a recent prosecution.