Will an interview lead to an allowance? Should you appeal? Is it time to abandon? How long is too long between filing and the first office action? As an experienced patent professional, you know that predicting examiner behavior is key to finding the shortest path to an allowance, but without the right data, you’re just guessing.

As a seasoned patent professional, it is likely that most of your work falls into a specific technology center, meaning you probably find yourself in front of the same examiners time and again. 

If you find yourself in front of an examiner with a high allowance rate, first, breathe a sigh of relief. Then, consider the next steps in your prosecution strategy. 

When it comes to patent prosecution, knowing your examiner’s allowance rate can give you a great insight into the road that lies ahead. 

If you knew your assigned USPTO examiner was going to procrastinate on your application, how would it impact your prosecution strategy?

To craft an unbeatable prosecution strategy, patent attorneys should rely on the multi-dimensional analysis of an examiner’s data, rather than just summary metrics.

It may be hard to believe, but the first half of 2021 is now behind us, and there is reason to believe things are looking up. The effects of the pandemic have eased considerably, the labor market recovery is accelerating, and, in many states and cities, life is starting to look normal again.

The United States Patent and Trademark Office (USPTO) recently announced plans to hire hundreds of patent examiners in the coming months. The new positions will be in the biomedical, computer, electrical, and mechanical engineering technology sectors.

To succeed in any industry, a certain amount of foresight and planning is key. For patent attorneys, identifying and taking action on high-cost prosecution can lessen the usual timeline and save money in the long term.

Patent prosecution is expensive and complex. And often, each individual practitioner has their own unique approach to reach that all-important NOA. But inconsistent practices and reliance solely on past experience can lead to inflated costs.