Appeal Statistics Filing an appeal is a big decision. The examiner statistics are helpful for managing client expectations. Second, the grant-rate timeline concisely summarizes a lot … Received a first office action with a poorly reasoned rejection of all claims. Please contact us if you have any suggestions for improving this guide or our examiner statistics. Count. Examiner Staffing. Yellow = ETA of 2.6-5.9, indicating mediocre prosecution length. The last two tabs relating to appeals are only available with our Premium Statistics subscription. For some examiners, however, you'll see that the number of grants and abandonments can decrease over time. To evaluate the benefit of an examiner, we compute two grant rates: (1) a grant rate over cases that had no applicant-requested interviews and (2) a grant rate over cases with at least one applicant-requested interview. Putting all of the above together, here is a sequence of events for a patent that I recently obtained for a client: Patent Bots examiner statistics helped us get broader claims allowed, get the claims allowed more quickly, and also reduce the costs of prosecution. General workload statistics relating to patent examiner staffing may be viewed in workload table 28 of the Commissioner of Patents and Trademarks Annual Reports / Performance and Accountability Reports. We also show you is a summary of information about the examiner. In 2012, the Patent and Trademark Office hired the most employees titled Patent Examining, with an average salary of $105,303.. Government Patent Examining jobs are classified under the General Schedule (GS) payscale. Our grant rate is based on a timeline of dispositions of applications. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Examiner Statistics Obtain broader patents for your clients, in less time, and at lower cost. Appeal early. Build a clear understanding about your USPTO examiner . Best option may be to abandon or file a continuation and hope you get a different examiner. File an RCE and work on reaching a compromise with the examiner. For this examiner, however, her grant rate is 30% over cases without any interviews and is 22% over cases with at least one interview. There are also some examiners that almost never do interviews. Examiner Grant Rate. We also show you the contact information and location of the examiner to help you schedule interviews. With this information, you may be more likely to file an RCE rather than a notice of appeal. Start typing your examiner's name in the box below, and we'll show you examiners with matching names. Fiscal Year Patent Statistics Data for October 1 through September 30, as represented in the USPTO Performance and Accountability Reports / Commissioner of Patents … For each type, I include details of an actual patent examiner from Patent Bots examiner statistics. We love hearing from our users. Browse the USPTO hierarchy of tech centers, groups, and art units. For example, if the examiner is much harder, I might get more sympathy from a supervisor or I may have a better chance of success with a pre-appeal conference request. 2,953. Histogram of Examiner Grant Rates. That said, there are some examiners you may not want to interview, such as this one. One commonly used examiner statistic is an examiner’s allowance rate. Although examiner statistics can be useful, each patent application is unique and must stand on its own merits. An examiner with a low grant rate who is often reversed on appeal. Data for January 1 through December 31, developed by the USPTO Patent Technology Monitoring Team. We hope found this guide to Patent Bots examiner statistics helpful, and that you are also able to use our statistics to get better outcomes for your clients. Figure 1. In this tab, we show a count of granted and abandoned cases for an examiner over the past 6 years. An examiner with a high grant rate who is often affirmed on appeal. Streamline your most tedious tasks . Trial statistics by patent and by claim (June 2020) - a report providing various AIA trial statistics, including results by petition, by patent, and by claim; also includes an update on multiple petitions.. Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. The grant rate is our metric for comparing examiner difficulty. In 2018, the Patent and Trademark Office hired the most employees titled Patent Examining, with an average salary of $124,676.. Government Patent Examining jobs are classified under the General Schedule (GS) payscale. 10971629 Examiner Jill M Gray , presiding No tags have been applied so far. It should surprise no one that I think examiner statistics are useful (otherwise why would I waste time blogging about them or building BigPatentData Examiner Statistics).But thinking they are useful 1 is a far cry from thinking they are some sort of silver bullet (the werewolf killing kind, not the “hmm, this rocky mountain water tastes a little bit like beer” kind). Accordingly, you may be better off skipping the interview! If you have a hard examiner, like this one, you can tell your client that they have a 16% chance of getting an issued patent in 3 years. There have been reports of practitioners bringing up an examiner’s low allowance rate during an examiner interview, which has been suggested to be an improper attempt to influence the examiner outside the merits of the application. Appeal stats showed high chance of success on appeal and appeal history showed that the examiner frequently grants claims before writing his answering brief. For a harder examiner, you can set client expectations, be more prepared to amend claims, and spend more time on quality arguments. Afterwards, you'll need a. I'll walk through the different parts of our statistics pages and explain why we included each part and how it can help you. Analytics describing what happens at the U.S. patent office have been on the market for almost a decade, most commonly in the form of examiner statistics. Patent Analyzer -- The easiest way to review a U.S. patent. First, for each case, we show you a list of office actions and the rejections contained in each one. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. Chad Gilles November 4, 2019 Uncategorized In my last post I looked at how one patent examiner statistic — what I termed RCE allowance rate differential — can help inform whether… The examiner may have less experience, grant less than 15 applications per year on average, or have a high backlog of pending cases. The average is 68 % and the standard deviation is 20 %. Most patent examiners start with the USPTO as a GS-7 or GS-9. For more information, visit www.opm.gov (keyword: pay). First, it provides a very clear way to set expectations with your client. This examiner is a great example. Patent research tools to make you a smarter, more-efficient patent prosecutor. Examiner Search allows you to search by examiner name for a filterable, examiner specific dashboard of patent analytics, including rejection specific statistics, appeal statistics, prosecution statistics, interview statistics, a backlog of RCEs and timeline. Any patent attorney knows that the behavior of patent examiners can vary greatly. Lookup patent examiner statistics, search PAIR/PTAB files, and retrieve patent pdfs and info. In a vacuum, an examiner’s allowance rate (e.g., 70%) may not provide actionable information, since it … We give many of our statistics away for free, and we also have a Premium Statistics subscription for some of our more advanced statistics. The outcome of a pre-appeal conference (proceed to appeal, prosecution reopened, or claims allowed). Advanced Examiner Statistics; Share Examiner Statistics with Others (New!) Examiner Abel is an extremely hard examiner and in the 96th percentile across all examiners (with 100th percentile most difficult). Patent Examiner was the 39th most popular job in the U.S. Government in 2012, with 8,294 employed. My personal opinion is that if an applicant receives a patent from an Examiner with a 99% allowance rate, the patent is most likely not worth the paper it is … This examiner is in the 92nd percentile (harder than 92% of examiners) and this makes him an "extremely hard" examiner. We have another blog post where we summarize. The examiner has average experience and grants between 15-150 applications per year, on average. Here is an example grant rate timeline for a Master: This grant rate timeline shows the percentage of cases that are allowed (green), pending (yellow), and abandoned (red) at each month after the first office action. We work hard to provide you with the information you need, but also try not to overwhelm you with statistics that you don't care about. Not surprisingly, for almost all examiners, the grant rate goes up when you do an interview. The average is 68 % and the standard deviation is 20 %. Grant Rate. In this blog post, I provide a guide that you can use to g... firm-wide subscription to our Premium Statistics, the advantages of our 3-year grant rate over a conventional grant rate, 5 different types of examiners based on their grant-rate timeline: the master, the ideologue, the decider, the negotiator, and the granter. An examiner with a low grant rate who is often affirmed on appeal. See a scatter plots of examiners according to grant rate. The accompanying annual salary for that GS range is $57,071 to $86,601. patent examiner who theoretically applies the standards of patentability in an even, fair, unbiased and consistent manner. For example, claims may be allowed for two reasons: (1) an examiner may be reversed by the board or (2) the examiner may change his or her mind and allow claims before the appeal goes to the board. For large enough data sets, the percentage of grants and abandonments will be always increasing over time. I don't understand how this happens, but I suppose some examiners don't like to do interviews and they actively avoid it. Sharable Patent Prosecution Analytics reports are available for all published US patents and applications. Allowance Statistics Interview Statistics Comments Appeal Statistics Delay Statistics; ... Paul has over twenty-five years of experience in the patent field, starting his career as a Patent Examiner. To put the examiner's grant rate in perspective, we rank all of the examiners at the USPTO according to their grant rate and show you the examiner's percentile. The most common payscale was the general schedule payscale.. For an easier examiner, you can be less inclined to amend claims and instead argue for allowance of as-filed claims. Examiner calls us and offers us a very narrow dependent claim. Full Access to the Prosecution Knowledge Base -- full-text search of over 200,000 (and growing) PAIR and PTAB files; Pre-release access to new features; The satisfaction of helping to make patent data more accessible to organizations of all types and sizes Paul has a passion for patent analytics and understands the benefits of using patent analytics to guide patent prosecution activities. The most common payscale was the general schedule payscale.. I'll be more likely to appeal for an examiner who grants claims before it reaches the board than for an examiner who is frequently reversed by the board since the claims will be allowed much faster and you don't need to wait for the board decision. The examiner has a high difficulty rating (he is "very hard"), but over the last two years he is granting many more cases than he did before. The example timeline here is for the entire USPTO, and we also have timelines for each examiner. 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