First Action Interview (FAI) Pilot Program Usage Remains Low

By Tia Brand

Since its inception in 2008, the First Action Interview (FAI) Pilot Program has been hailed as an efficiency booster, increasing face time with examiners and potentially decreasing the number of office actions per application.  Numerous articles, blog posts and the USPTO itself have maintained that the program increases the rate of first action allowance, boosts total rates of allowance over a 5-year period from the filing date, and decreases total prosecution time compared to applications which do not take advantage of the FAI program.  All these things logically translate to decreased prosecution costs and happier clients, so why do few applicants take advantage of this fee-free program?

Despite a drastic decrease in 2013 and the subtler usage decrease in 2018, FAI program usage has trended up during the past 10 years, with the 510 total FAI requests filed in 2008 more than doubling to over 1100 FAI requests in 2018.  However, this is still a small percentage of the nearly 300,000 original utility applications filed in the US each year.

The First Action Interview program has been available to all art units since the Full Pilot Program was introduced in 2011, yet there are some tech areas, most notably Biotechnology & Organic (1600) and Chemical and Materials Engineering (1700), where the FAI program is hardly being used at all.  Upon implementation of the Full Pilot Program in 2011, all technology centers saw an uptick in FAI filings, led by Computer Networks, Multiplex, Cable and Cryptography/Security (2400) and Communications (2600).  However, in 2013 Mechanical Engineering (3700) was the only tech center with over 100 FAI requests.  It would be interesting to review changes in patent law during calendar years 2012-2013 to determine the cause of this drastic decrease in FAI requests across all technologies.

After the decline in 2013, FAI filings tended to increase for every technology area through 2016, with Computer Networks, Multiplex, Cable and Cryptography/Security (2400) and Communications (2600) again seeing the most impressive number of FAI filings.  In 2016, Chemical and Materials Engineering (1700) and Biotechnology & Organic remained the tech areas with lowest FAI program usage.  In recent years, Computer Networks, Multiplex, Cable and Cryptography/Security (2400) has continued to dominate FAI usage, with Communications (2600) dropping to near the bottom of the pack and all other areas maintaining, at best, modest FAI Program usage.

Despite promising reports on benefits of the First Action Interview (FAI) Pilot Program, most applicants, especially those in the Chemical and Biological fields, are not taking advantage of the tool 10 years after its original introduction to the public.  The reason for this may simply be due to lack of knowledge surrounding the First Action Interview process or total unfamiliarity with the existence of the program.  Moving forward, applicants should consider using the FAI Pilot Program in order to decrease prosecution time and costs.  Detailed information regarding filing requirements for FAI requests can be found in the USPTO Official Gazette.

Analytics Chart on Laptop

WIPO Releases 2019 World Intellectual Property Indicators Report

Last month the World Intellectual Property Organization released the 2019 World Intellectual Property Indicators Report, a report showing considerable increase in worldwide patent applications.  Nearly half of all patent applications in 2018 were filed in China, with that number increasing to 66.8% if you consider all filings in Asia.  The top five countries receiving patent applications in 2018 were China (1.54 million), U.S. (597,141), Japan (313, 567), South Korea (209,992) and the European Patent Office (174.397).

Although US applicants lead the charge in foreign filings, applications filed at the USPTO are down slightly from 2017.  The last time the USPTO saw a decrease in patent applications was 2009. Despite the recent decrease in applications, the US maintains the top spot for patents in force, with 3.1 million out of 14 million active patents worldwide.

For more information on 2018 intellectual property trends, read the full report at the WIPO website, here.

 

Mind the Gap Analysis

Portfolio Gap Analysis of Globalfoundries and Taiwan Semiconductor

Globalfoundries and Taiwan Semiconductor announced an agreement to cross-license each other’s patents and those patents filed over the next ten years.

Below is gap analysis portfolio comparison of each company’s active U.S. patent families with the ability to filter the data by type of application, publication date, filing date, and cpc subclass description.

To learn more about how Harrity Patent Analytics can help you find insights into the patent world, contact us via email HERE.

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Top Companies in Blockchain Patents

By Rocky Berndsen

Blockchain is an emerging technology that has taken the world by storm.  In October 2008, Satoshi Nakamoto published a seminal paper, titled “Bitcoin: A Peer-to-Peer Electronic Cash System“, and the age of blockchain was born.  Since then, entrepreneurs and large corporations have explored implementation of blockchain technology in financial transactions, smart contracts, automotive, retail, healthcare, energy, utilities, travel, supply chain, and gaming, among other industries.

Based on our analysis of active patents & pending applications, blockchain-related filings have increased significantly around the world in recent years.  For instance, there were only 126 filings in 2014, but by 2017 there were over 3,700 applications filed in the blockchain space.  In 2018, a year in which not all the filings have yet become public, there have already been over 8,200 filings.  The growth curve in blockchain filings is truly exponential.  It will be interesting to see over the coming years whether this trend continues.

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Page 1 highlights the top players in the blockchain space, page 2 highlights the filing trends, and page 3 highlights the patent issuance trends.  You can click on elements (e.g., country code, company name, type filter, filing date filter) of the dashboard to filter the data.

The geographic distribution of filings is also very interesting.  To date, over 10,000 blockchain filings occurred in China, more than half of all blockchain related filings worldwide.  According to a recent Forbes article, nearly 70% of crypto mining activity occurs in China, creating significant interest in protecting IP in the crypto currency space.  The top ten filers of chinese patent applications in the blockchain space are as follows:

China Blockchain Patent Applications Filed (as of 10/1/2019)
RankCompanyActive Patents & Pending Applications
1Alibaba259
2CUNC189
3Hangzhou Fuzamei163
4Ping An151
5Baidu139
6Shenzhen Launch102
7Tencent102
8Zhongan IT89
9Shenzhen Oneconnect77
10Shenzhen Onething74

Notably, the U.S. has the second most blockchain filings, with over 2,700 filings.  In the U.S., the top ten filers of patent applications in the blockchain space are as follows:

US Blockchain Patent Applications Filed (as of 10/1/2019)
RankCompanyActive Patents & Pending Applications
1IBM252
2Alibaba93
3Bank of America81
4Mastercard73
5Wal-mart63
6Accenture52
7Intel46
8Nchain32
9Coinplug29
10TD Bank28

In comparison, the top ten U.S. patent owners in the blockchain space are as follows:

US Blockchain Patents Issued (as of 10/1/2019)
RankCompanyActive Patents
1IBM57
2Accenture26
3Bank of America24
4Mastercard13
5Winklevoss IP13
6Capital One12
7Dell9
8Vijay Madisetti9
9TD Bank9
10Blockchain Asics7

According to a recent report published by Accenture PLC, worldwide spending on blockchain solutions has a forecast annual growth rate (CAGR) of 76.0%, reaching $12.4 billion in 2022.  The blockchain space is still in the early stages of development, and it will be interesting to see how the technology evolves and who else enters the space.

To learn more about how Harrity Patent Analytics can help you find insights into the patent world, contact us via email HERE.

The Pencil Test

How Reliable is the Pencil Test for Expediting the Patent Prosecution Process?

By Nathan Phares, Associate

Many patent practitioners and Examiners have spoken of the “pencil test,” which suggests that an independent claim is more likely to be rejected or is rejected as a matter of course if the claim is shorter than a pencil laid upon the claim.  Some point to the pencil test as a useful rule of thumb and suggest “padding” the length of the independent claim in hopes of improving the outcomes of prosecution.  However, drafting a lengthy independent claim may unnecessarily narrow the scope of the claim.  Does the length of the independent claim truly impact prosecution outcomes, or is the pencil test a myth?  We’ve analyzed the data, and we provide our conclusions below.

The data set we created for this analysis includes all patents that issued from applications filed post-AIA.  We limited the scope of the data set to electrical, mechanical, chemical, and biotech tech centers (i.e., Tech Centers 1600, 1700, 2100, 2400, 2600, 2800, 3600, and 3700).  For each patent, the data set indicates the number of Office Actions (OAs), the Art Unit and Tech Center, the length of claim 1 in total words and unique words, the length of the specification, and various other data (e.g., number of RCEs, Assignee, Agent, pendency, and so on).  We didn’t filter for unusually long or short claims – the longest claims (topping out at over 8,000 words!) and the shortest claims seem to generally be legitimate.

According to the data, first-OA allowances are slightly more likely with a longer independent claim than with a shorter independent claim, suggesting that the pencil test may be a factor in first-OA allowances.  Figure 1 shows a chart of the average number of total words in Claim 1 for buckets of the number of OAs.  First-OA allowances, which are associated with zero OAs, have a slightly longer first claim on average than second-OA allowances.  This relationship holds across all the Tech Centers we analyzed except TC 1600.  Figure 2 shows a chart of the average number of unique words in Claim 1.  In Figure 2, the same impact is present but is far less pronounced, indicating that total word count is more strongly correlated with first-OA allowance than unique word count.

 

Figure 1

 

Figure 2

The pencil test seems not to predict outcomes other than first-OA allowances: as the number of OAs before allowance increases, so does the length of claim 1.  This is the opposite of what the pencil test would suggest and may reflect the tendency to amend features into claim 1 over the course of prosecution in pursuit of allowance.

As the data shows, independent claims that include more total words tend to receive better treatment at the outset of prosecution, but outcomes are not clearly impacted by the pencil test as prosecution continues.  Therefore, the patent drafter should consider lengthening the independent claim if a first-OA allowance is the goal.  However, the data shows that the impact of the pencil test is mild at best, so the drafter should not rely on claim length alone to carry the day.  For example, the art unit where the application is assigned is a powerful predictor of the efficiency of the patent prosecution.  Therefore, the drafter should consider how the language used in the application may impact the assignment of the art unit.

It is important to note the limitations of the data set.  First, the claim lengths shown above are claim lengths of the issued patent, not of the patent application when it is first examined.  Thus, it is hard to tell whether the correlation between claim length and length of prosecution is due to the amendment of features into claim 1.  Second, we omitted patents associated with 8 or more OAs from the charts above, since the data set gets quite sparse after 7 OAs – for example, the 10, 11, 12, and 13 OA buckets collectively represent only 59 patents.  However, the trend shown in Figures 1 and 2 continues through the 9 OA bucket.

Top 20 Semiconductor and Energy Companies US 2018

Semiconductors and Memory Ranks as the #1 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Semiconductors and Memory technology area ranked highest in 2018.  There were 15,153 patents issued for Patent 300 companies in the U.S.  Semiconductors and Memory technology covers multiple United States Patent & Trademark Office (USPTO) technology classifications.  Included are processes for manufacturing semiconductors and solid-state devices.  Also included are processes and apparatus for addressing, accessing and controlling, and forming memory addresses in a computer or digital data processing system.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Semiconductors and Memory area, shown in Chart 2, include Taiwan Semiconductor (#1), Samsung (#2), IBM (#3), Micron (#4), and others.  Taiwan Semiconductor tops the list having obtained 1,972 U.S. patents, up slightly from 2017.  Samsung had 1,522 U.S. patents, down nearly 15% from 2017.  IBM, at 1,318, was up slightly from 2017.  The top 20 companies represent a cross-section of the technology sector.  Included are chip makers, device makers, and various electronics companies.

Chart 2 – Top 20 Companies by U.S. Patents in Semiconductors and Memory

Patent 300 Company NamePatent 300 Rank in Semiconductors and MemorySemiconductor and Memory Patents 2018% of Company’s 2018 U.S. PatentsSemiconductor and Memory Patents 2017Change from 2017 Patents
Taiwan Semiconductor1197279%18934%
Samsung2152219%1744-15%
IBM3131814%12714%
Micron464569%55614%
Mubadala Investment559372%687-16%
Semiconductor Energy Lab647855%587-23%
SK Hynix746858%652-39%
Toshiba Memory841960%468-12%
Infineon939245%505-29%
BOE1038724%451-17%
Intel1137711%481-28%
Renesas1232055%365-14%
United Microelectronics1331893%326-3%
STMicroelectronics1424935%2288%
TCL1523024%16727%
LG Display1622433%2164%
Western Digital1721529%330-53%
Sony181979%1847%
Texas Instruments1917822%212-19%
Fuji Electric2017652%12827%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Patent 300™ Automotive Sector by 2018 US Patents

Toyota Tops Auto Market in Patent 300™

By Rocky Berndsen

Big head, long tail.  This isn’t the description of an exotic animal, rather it describes the automotive sector of the Patent 300™.  The top 25 auto companies and parts makers obtained more than 14,000 utility patents in 2018, but the top five obtained 60% of them.

The report, which details the top 300 companies, organizations, and universities receiving utility patents in the U.S. last year, shows that the top 25 companies in the automotive space were awarded patents in a variety of areas, from the expected (Surface Transportation for Honda, Ford and GM) to the unexpected (Wells, Earth Boring/Moving for BMW, Magna and Schaeffler).

Toyota leads the pack with 2,554 patents obtained in 2018.  It is the No. 6 company in the Patent 300™ overall and has a leading position in several patent areas. The Japanese car maker is No. 1 in both Computerized Vehicle Controls and Fuel Cells and Batteries. It holds the No. 2 position in three areas: Surface Transportation; Material and Article Handling; and Static Structures, Supports and Furniture. It ranks No. 4 in Thermal & Combustion Technology, the area where it holds the highest number of its 2018 patents.

Ford is in second place with 2,149 patents and bests its rival, Toyota, to hold the No. 1 spot in both Surface Transportation and Static Structures, Supports and Furniture.  It holds the No. 2 spot in Computerized Vehicle Controls and in Vehicles and System Alarms.  It had most of its 2018 patents in Thermal & Combustion Technology, where it holds the No. 3 spot.  It is No. 15 overall in the Patent 300™.

South Korean car maker Hyundai rounds out the list at No. 3 with 1,539 patents.  It holds the No. 1 position in Material and Article Handling, the No. 3 position in Computerized Vehicle Controls and the No. 5 position in both Surface Transportation and Thermal & Combustion Technology.  Hyundai sits at No. 22 in the Patent 300™.

Those who follow the automotive field will recognize that the car makers’ rankings in the top three mirror their positions in Computerized Vehicle Controls, an area that includes utility patents for things that can control the direction and speed of a car, and controls for autonomous vehicles.  This is no coincidence, as cars become more and more automated and as the market moves toward autonomous vehicles.

Patent 300 Automotive Top 25

Parts manufacturers make up the other portion of the sector, including tire companies that are household names: Continental (9), Bridgestone (15), Sumitomo (16), and Michelin (23). These companies share top spots in the Tires technology area, including Sumitomo at No. 2, Bridgestone at No. 3, Michelin at No. 4.  In case you’re wondering, the No. 1 in this area, which includes adhesive bonding and plastic molding, is a company that tends to focus on much larger vehicles than others in the automotive space, namely Boeing, No. 32 in the Patent 300™.

The overall picture of the industry looks rosy, as car makers have obtained an increased number of patents year-over-year.  Toyota’s issued patents went up 41% from 2015 to 2018, and Ford, Hyundai, BMW and Mazda all experienced increases of more than 75% in the same period of time.

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Top 20 Electrical Circuits and Systems Companies patent 300 2019

Electrical Circuits and Systems Ranks as the #2 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Electrical Circuits and Systems technology area ranked 2rd largest in 2018.  There were 13,215 patents issued for Patent 300 companies in the U.S.  Electrical Circuits and Systems technology covers multiple United States Patent & Trademark Office (USPTO) technology classifications.

Included are electrical systems and devices, covering a broad spectrum of electrical and electromagnetic systems, devices, and circuitry, as well as electrical connectors.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Electrical Circuits and Systems area, shown in Chart 2.  They include Murata (#1), Samsung (#2), Mitsubishi Electric (#3), GE (#4), and others.  Murata tops the list having obtained 458 U.S. patents, up 6% from 2017.  Samsung had 456 U.S. patents, down 11% from 2017.  Mitsubishi Electric, at 337, was down 4% from 2017.  The top 20 companies represent a cross-section of the technology sector.  Included are device makers, chip makers, and auto makers, and various manufacturing companies.

Chart 2 – Top 20 Companies by U.S. Patents in Electrical Circuits and Systems

Patent 300 Company NamePatent 300 RankPatents 2018Percentage of 2018 PatentsPatents 2017Change from 2017 Patents
Murata Manufacturing145861%4326%
Samsung24566%507-11%
Mitsubishi Electric333728%349-4%
GE428511%334-17%
Intel52838%333-18%
Panasonic628015%356-27%
Apple Inc.727813%24612%
IBM82493%2394%
Toyota924610%20019%
Yazaki1023873%272-14%
Sumitomo Electric1122647%248-10%
Denso1222619%273-21%
Infineon1322125%266-20%
Samsung Electro-mechanics1421465%17817%
Qualcomm152139%246-15%
Texas Instruments1621127%239-13%
Siemens1720915%231-11%
TE Connectivity1820867%246-18%
Toshiba1919612%15222%
Hon Hai2018839%296-57%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Multiplex and VoIP - Top 20

Multiplex and VoIP Ranks as the #3 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Multiplex and VoIP technology area ranked 3rd largest in 2018, where 9,875 patents were issued for Patent 300 companies in the U.S.  Multiplex and VoIP technology covers United States Patent & Trademark Office (USPTO) technology classifications related to simultaneous transmission of two or more information signals in either or both directions over the same transmission medium.  Transmission in this manner allows discrete recovery of information signals.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Multiplex and VoIP area, shown in Chart 2, are large global technology companies.  They include LG Electronics (#1), Huawei (#2), Ericsson (#3), Qualcomm (#4), and others.  Despite a 19% decrease from 2017, LG Electronics tops the list having obtained 894 U.S. patents. Huawei had a 17% increase over 2017 at 882 U.S. patents.  Ericsson, at 747, was down 5% from 2017. The top 20 companies represent a cross-section of the technology sector.  Included are device makers, chip makers, and telecommunications companies.

Chart 2 – Top 20 Companies by U.S. Patents in Multiplex and VoIP

Patent 300 Company NamePatent 300 Rank in Multiplex and VoIPMultiplex and VoIP Patents 2018% of Company's 2018 U.S. PatentsMultiplex and VoIP Patents 2017Change from 2017 Patents
LG Electronics189436%1060-19%
Huawei288240%73217%
Ericsson374754%784-5%
Qualcomm471930%7003%
Samsung56118%5746%
Intel654216%5243%
Cisco730435%400-32%
Nokia830334%350-16%
AT&T924019%21212%
Softbank1021231%17816%
Sony112019%14926%
IBM121932%214-11%
Apple131879%1832%
ZTE1418138%212-17%
NEC1517922%215-20%
Fujitsu1617313%243-40%
Dell171638%14014%
Interdigital1815842%185-17%
ETRI1913626%10523%
Broadcom2013439%147-10%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Optics Ranks as the #4 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Optics technology area ranked the 4th largest in 2018.  There were 9,003 patents issued for Patent 300 companies in the U.S.  Optics covers the United States Patent & Trademark Office (USPTO) technology classifications for apparatus and corresponding processes used for storing and retrieving optical or magneto-optical information.  The basis of the technology is relative movement between an optical storage carrier or medium and a transducer along a continuous path.

The class includes apparatus and corresponding processes for making copies or editing optical records, falling within the above definition.  It includes the transfer medium having a specific information storage structure.  The scope of the Optics technology class overlaps with other classes and subclasses.  It is an integral part of the class of patents covering Dynamic Information Storage or Retrieval.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Optics area, shown in Chart 2, are large global technology companies.  They include Samsung (#1), Canon (#2), BOE Technology (#3), TCL Corporation (#4), and others.  Samsung tops the list having obtained 672 U.S. patents, down from 2017.  Canon had 366 U.S. patents.  BOE Technology, at 326, was up 8% from 2017.  The top 20 companies represent a cross-section of the technology sector.

Chart 2 – Top 20 Companies by U.S. Patents in Telecommunications

Patent 300 Company NamePatent 300 Rank in OpticsOptics Patents 2018% of Company's 2018 U.S. PatentsOptics Patents 2017Change from 2017 Patents
Samsung16728%769-14%
Canon236610%426-16%
BOE332620%3018%
TCL424826%19322%
Carl Zeiss524667%255-4%
ASML621686%1998%
Philips721316%224-5%
Panasonic820111%14130%
Japan Display919832%212-7%
Seiko Epson1018414%203-10%
GE111536%1437%
Nikon1215063%13013%
Fujifilm1314712%186-27%
Toshiba141398%7149%
Corning1513728%160-17%
IBM161251%1232%
Hitachi171249%175-41%
Sony181226%164-34%
Olympus1912018%10215%
LG Display2011817%1079%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Printing or Measuring and Testing Ranks as the #5 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Printing or Measuring, and Testing technology area ranked 5th largest in 2018.  There were 8,641 patents issued for Patent 300 companies in the U.S.  Printing or Measuring and Testing cover United States Patent & Trademark Office (USPTO) technology classifications related to Printing and Measuring Technology, respectively.

Printing patents include means adapted to produce characters or designs on surfaces by the impression of types or dies.  Also included is applying coating material through the openings of a covering pattern sheet, such as stenciling. Printing patents also cover impression from graphic or intaglio surfaces.  These patents include organizations using a design or character dies that emboss, burn, or perforate, and that apply ink.

Measuring and Testing is the generic class for processes and apparatus for measuring of any kind or for any testing.  It includes all subjects not provided for in other classes.  The term “test” includes inspection, processes, and apparatus for examination or review not covered by other classes.  This class is the generic class for sampling and consists of all sampling apparatus and processes not otherwise classified.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Printing or Measuring and Testing area, shown in Chart 2, are large global technology companies.  They include Canon (#1), Seiko Epson (#2), Brother (#3), HP (#4), and others.  Canon tops the list having obtained 843 U.S. patents, up 8% from 2017.  Seiko Epson had 496 U.S. patents. Brother Industries, at 353, was down 1% from 2017.  The top 20 companies represent a cross-section of the technology sector.  Included are device makers and software producers, auto makers, and electronics companies.

Chart 2 – Top 20 Companies by U.S. Patents in Telecommunications

Patent 300 Company NamePatent 300 RankPatents 2018Percentage of 2018 PatentsPatents 2017Change from 2017 Patents
Canon184324%7728%
Seiko Epson249639%536-8%
Brother335358%357-1%
HP431042%22627%
Ricoh529228%325-11%
Kyocera627326%22617%
Siemens726619%2487%
Toshiba826316%16836%
IBM92393%251-5%
GE102128%234-10%
Fujifilm1119316%248-28%
Samsung121872%1775%
Konica Minolta1317426%13522%
Robert Bosch1416513%176-7%
Halliburton1512414%11110%
Hitachi161149%151-32%
Toyota171104%1064%
Panasonic181096%999%
Denso191059%8321%
Taiwan Semi20974%111-14%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Thermal & Combustion Technology, Motive & Fluid Power Systems Ranks as the #6 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Thermal & Combustion Technology, Motive & Fluid Power Systems technology ranked 6th largest in 2018.  There were 7,017 patents issued for Patent 300 companies in the U.S. Thermal & Combustion Technology, Motive & Fluid Power Systems covers several United States Patent & Trademark Office (USPTO) technology classifications.  Motive Power Systems are systems of electrical supply and/or of control for one or more electric motors.  Electrical Systems and Devices, Power Supply or Regulation Systems, Electrothermally or Thermally Actuated Switches, are among the many possible classifications related to this technology area.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Thermal & Combustion Technology, Motive & Fluid Power Systems area are shown in Chart 2. They include UTX (#1), GE (#2), Ford (#3), Toyota (#4), and others.  United Technologies Corporation tops the list having obtained 906 U.S. patents, up 46% from 2017.  General Electric had a 6% increase over 2017 at 574 U.S. patents.  Ford, at 462, was down 4% from 2017.  The top 20 companies represent a cross-section of the manufacturing, transportation, and technology sectors. Included are automakers and supporting companies, tech companies, and other manufacturers.

Chart 2 – Top 20 Companies by U.S. Patents in Thermal & Combustion Technology, Motive & Fluid Power Systems

Patent 300 Company NamePatent 300 Rank in Thermal & Combustion Technology, Motive & Fluid Power SystemsThermal & Combustion Technology, Motive & Fluid Power Systems Patents 2018% of Company's 2018 U.S. PatentsThermal & Combustion Technology, Motive & Fluid Power Systems Patents 2017Change from 2017 Patents
UTX190642%49246%
GE257422%5376%
Ford346221%482-4%
Toyota440716%3816%
Hyundai525116%19722%
GM622619%2184%
Safran722444%16128%
Rolls-Royce821655%18415%
Denso921518%17817%
Siemens1018513%1765%
Mitsubishi Electric1117515%191-9%
Robert Bosch1217113%176-3%
LG Electronics131436%148-3%
Caterpillar1414028%192-37%
Mitsubishi Heavy1513841%161-17%
Honeywell.16999%104-5%
Continental179623%105-9%
Mahle189158%113-24%
Borgwarner199146%883%
Honda20879%808%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Selective Visual Display Systems Ranks as the #7 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

Chart 1 shows the Selective Visual Display Systems technology area ranked 7th largest in 2018.  Selective Visual Display Systems covers United States Patent & Trademark Office (USPTO) technology classifications related to processes and apparatus for selective, electrical control of two or more light-generating or light-controlling display elements. Processes and devices under these classifications use received or stored image data signal. The image data includes character, graphical information, or display attribute data.  Image data sources may consist of peripheral input devices, television signals, image data recognition, or computers.

This class also includes digital data processing systems or methods for visual presentation.  Data processing consists of the creation or manipulation of graphic objects (e.g., artificial images), or text.  The class includes telegraphy subclasses for digitizing writing tablets, styluses, and circuits.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Selective Visual Display Systems area, shown in Chart 2, are large global technology companies. Selective Visual Display Systems is an important technology area in the patent world with over 4,855 US patents in 2018 alone.  They include Samsung (#1), BOE Technology Group (#2), TCL (#3), Apple (#4), and others.  Samsung tops the list having obtained 909 US patents, up slightly from 2017.  BOE Technology had a 20% increase from 2017 at 481 US patents.  TCL, at 308, was up 28% from 2017. The top 20 companies represent a cross-section of the technology sector.  Included are device manufacturers, software, and media companies.

Chart 2 – Top 20 Companies by U.S. Patents in Selective Visual Display Systems

Patent 300 Company NamePatent 300 Rank in Selective Visual Display SystemsSelective Visual Display Systems Patents 2018% of Company’s 2018 U.S. PatentsSelective Visual Display Systems Patents 2017Change from 2017 Patents
Samsung190911%9011%
BOE248129%38720%
TCL330832%22328%
Apple425812%20421%
LG Display524136%20415%
Japan Display621535%18713%
Sony71849%1783%
Microsoft81546%12718%
Synaptics911659%119-3%
Seiko Epson10967%7918%
Semiconductor Energy Lab119411%940%
LG Electronics12924%113-23%
Sharp138913%111-25%
Panasonic14804%4642%
IBM15801%5235%
Lenovo167813%90-15%
Alphabet17703%657%
Microchip Technology186534%4235%
Intel19592%4819%
Immersion205841%3933%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Telecommunications Top 20 Patent 300 2019

Telecommunications Ranks as the #8 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

As is shown in Chart 1, the Telecommunications technology area is the 8th largest technology area in 2018 with 4,761 patents issued for Patent 300 companies in the U.S.  The Telecommunications technology area covers United States Patent & Trademark Office (USPTO) technology classifications related to communications systems in which electric or electromagnetic signals are used to transmit modulated carrier wave information between points.  The transmission media is via radio wave generally of a frequency above human speech, yet at a frequency lower than infrared frequencies. Radiotelephonic communication via wireless link is included in this class.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

The top 20 companies in the Telecommunications area, shown in Chart 2, are large global technology companies.  They include Samsung (#1), Huawei (#2), Qualcomm (#3), LG (#4) and others.  Samsung tops the list having obtained 408 US patents, down slightly from 2017.  Huawei had a 23% increase over 2017 at 284 US patents. Qualcomm, at 277, was down 38% from 2017.  The top 20 companies represent a cross section of the technology sector.  Included are device manufacturers, wireless carriers, and media companies.

Chart 2 – Top 20 Companies by U.S. Patents in Telecommunications

Patent 300 Company NamePatent 300 Rank in TelecomTelecom Patents 2018% of Company’s 2018 U.S. PatentsTelecom Patents 2017Change from 2017 Patents
Samsung14085%412-1%
Huawei228413%21823%
Qualcomm327712%382-38%
LG Electronics42309%2166%
AT&T522017%2143%
Ericsson620615%282-37%
Intel71835%225-23%
Apple81828%224-23%
IBM91672%198-19%
Sony101155%138-20%
Nokia1110812%193-79%
Softbank1210315%106-3%
Microsoft13974%934%
Verizon149515%125-32%
Alphabet Inc.15924%113-23%
Skyworks167938%5827%
Deutsche Telekom177442%714%
Blackberry187220%108-50%
ZTE196714%81-21%
NEC20658%88-35%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Harrity Patent 300 Computer Networks

Computer Networks Ranks as the #9 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

As is shown in Chart 1, the Computer Networks technology area is the 9th largest technology area in 2018 with over 4,540 patents issued for Patent 300 companies in the U.S.  The Computer Networks technology area covers United States Patent & Trademark Office (USPTO) technology classifications related to electrical computer or digital data processing system or corresponding data processing method including apparatus or steps for transferring data or instruction information between a plurality of computers wherein the computers employ the data or instructions before or after transferring and the employing affects said transfer of data or instruction information.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

When you look at the top 20 companies obtaining patents in the Computer Networks technology area, shown in Chart 2, all of the companies are large global technology companies such as IBM (#1), Amazon (#2), Alphabet (#5), and Facebook (#8).  IBM ranks #1 on the list having obtained 845 U.S. patents in the Computer Networks technology area, which is a 5% increase over 2017.  9% of IBM’s U.S. patents obtained in 2018 are classified in the Computer Networks technology area.  Samsung (#7) has the largest year over year increase in Computer Networks patents at 33%, while Nokia (#17) had the largest decrease at -62%.  While the companies in the top 20 are all large global technology companies, they cover a range of industries including enterprise IT, social media, telecommunications, consumer electronics, and more.

Chart 2 – Top 20 Companies by U.S. Patents in Computer Networks

Patent 300 Company NamePatent 300 Rank in Computer NetworksComputer Networks Patents 2018% of Company’s 2018 U.S. PatentsComputer Networks Patents 2017Change from 2017 Patents
IBM18459%8065%
Amazon230714%25019%
Dell327613%21622%
Microsoft427111%294-8%
Alphabet52118%280-33%
Cisco615618%178-14%
Samsung71532%10333%
Facebook813418%181-35%
Oracle911816%1143%
AT&T101078%132-23%
Huawei111075%1025%
Verizon1210015%1000%
Ericsson13796%110-39%
Tencent147122%90-27%
Intel15622%75-21%
Sony16593%5310%
Nokia17526%84-62%
HPE18479%3428%
Red Hat194715%52-11%
Qualcomm20462%72-57%

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Harrity Patent 300 Cryptography and Security

Cryptography and Security Ranks as the #10 Technology Area in the 2019 Patent 300™ Report

By Rocky Berndsen

The 2019 Patent 300™ Report details the top 300 companies, organizations, and universities obtaining patents in the United States.  Data from the report shows that nearly 70% of the U.S. patents obtained in 2018 were for electrical, software, or computer-related technologies.  The top 10 technology areas, which represent 49% of the 167,164 U.S. patents obtained by Patent 300 companies in 2018, are dominated by electrical technologies.

As is shown in Chart 1, the Cryptography and Security technology area is the 10th largest technology area in 2018 with over 4,300 patents issued in the U.S.  The Cryptography and Security technology area covers United States Patent & Trademark Office (USPTO) technology classifications related to secure communications and information security.

Chart 1 – Top 10 Technology Areas for Patent 300 (2018 U.S. Patents)

RankPatent 300 Technology Area2018 U.S. PatentsPercentage of Total 2018 U.S. Patents
1Semiconductors/Memory15,1539%
2Electrical Circuits and Systems13,2158%
3Multiplex and VoIP9,8756%
4Optics9,0035%
5Printing/Measuring and Testing8,6415%
6Thermal & Combustion Technology, Motive & Fluid Power Systems7,0174%
7Selective Visual Display Systems4,8553%
8Telecommunications: Analog Radio Telephone; Satellite and Power Control; Transceivers, Measuring and Testing; Bluetooth; Receivers and Transmitters; Equipment Details4,7613%
9Computer Networks4,5443%
10Cryptography and Security4,3113%

When you look at the top 20 companies obtaining patents in the Cryptography and Security technology area, shown in Chart 2, most of the companies are large technology companies such as IBM (#1), Dell (#2), and Intel (#4).  In addition, there are also cryptography and security-focused companies like Symantec (#9) and Fortinet (#14).  IBM ranks #1 on the list having obtained 613 U.S. patents in the Cryptography and Security technology area, which is a 3% increase over 2017.  About 7% of IBM’s U.S. patents obtained in 2018 are classified in the Cryptography and Security technology area.

Chart 2 – Top 20 Companies by U.S. Patents in Cryptography and Security

Patent 300 - Company NamePatent 300 Rank in Cryptography and SecurityCryptography and Security Patents 2018% of Company’s 2018 U.S. PatentsCryptography and Security Patents 2017Change from 2017 Patents
IBM16137%5953%
Dell225712%23210%
Amazon325212%21415%
Intel42196%222-1%
Microsoft51998%248-25%
Samsung61232%10713%
Alphabet71195%144-21%
Cisco811013%8325%
Symantec910370%134-30%
Bank of America108928%7615%
AT&T11837%93-12%
Qualcomm12823%811%
Apple13733%678%
Fortinet146752%5518%
Oracle15578%64-12%
Huawei16563%535%
Verizon17569%64-14%
Blackberry184813%52-8%
Canon19471%48-2%
Ericsson20473%439%

Cryptography and Security is an important technology area in the patent world with over 4,300 U.S. patents in 2018 alone.  The importance and value of this technology is only increasing as evidenced by the daily news headlines related to data privacy, data security, and secure communications.

For more detailed information about this technology area, or any other data related to the 2019 Patent 300™ Report, please visit harrityllp.com/patent300/ or contact Rocky Berndsen directly via email at rberndsen@harrityllp.com.

Kris Rhu Harrity Team

Using Data to Improve Patent Prosecution Performance

By Kris Rhu

How many office actions should I expect? Should I file an RCE or a Notice of Appeal? Is it worth filing a Pre-Appeal? These, among others, are common questions that practitioners may ask themselves during patent prosecution. In the past, they were mostly unanswerable questions. Now, using data analytics, we can get a better sense of how the patent prosecution process will go and be able to make an informed decision when a crossroad is reached.  Below, we will explore how to use statistics about a patent Examiner, which are based on public data provided by the USPTO, during patent prosecution.  I have provided example screenshots from Patentprufer, which was developed by Harrity & Harrity.

Examiner’s Allowance Rate

By looking at an Examiner’s allowance rate (i.e. allowance vs. abandonments), we can get a sense of the journey early on.  A high allowance rate is an indicator that the Examiner likely has no qualms about allowing applications, and that the Examiner likely will not stubbornly stick to poor rejections.  For these types of Examiners, if appropriate, it may be worth taking a more assertive initial position, including arguing that the rejections should be withdrawn or offering modest amendments.  If the Examiner’s allowance rate is low, you may want to consider substantial amendments, get the Examiner’s Supervisor involved early in the process, or anticipate the need to possibly file an appeal.

Office Actions per Patent, RCEs per Patent

A high office action (OA) per patent and/or RCE per patent rate may be an indication that reaching allowability will be challenging.  These types of Examiners likely are unafraid to combine three, four, or even five references to make prior art rejections.    To get a patent application allowed in a more efficient manner than an examiner’s statistics suggest, a more proactive posture may be needed from the beginning.

Examiner Interview Statistics

Generally speaking, it is beneficial to interview an Examiner as it gives a practitioner an opportunity to get a better sense of the Examiner’s interpretations of the application and the applied references, and an opportunity to explain the invention.  A high interview success rate (i.e. interviews that lead to an allowance in the next office action) may be an indicator that the Examiner uses interviews as opportunities for compact prosecution.  Some of these Examiners may even provide suggestions for amendments that would lead to allowance.  If the interview success rate is low for the Examiner, consider sending a substantive interview agenda with proposed amendments to maximize the chance of reaching an agreement with the Examiner.

A comparison of a patent Examiner’s final rejection allowance rate with and without AFCP may be an indicator of whether the Examiner takes the AFCP process seriously.  If there is a significant difference with those rates, the Examiner likely uses the allocated 2-3 hours to find a way to allow the application.  However, if the rates are similar, the Examiner likely uses pre-pilot procedures regardless of whether an AFCP is filed.

Pre-Appeal Statistics

Pre-Appeal statistics can be useful when deciding whether to file an Appeal Brief or a Pre-Appeal Brief.  A high rate of allowance and/or re-opening of prosecution when pre-appeals are filed may indicate that it is worth presenting arguments in a Pre-Appeal Brief.  However, a low rate of allowance and a low rate of re-opening of prosecution may indicate that it would be better to forego the pre-appeal process and go straight to appeal.

Appeal Statistics

Analyzing a patent Examiner’s appeal statistics may be useful in determining whether to file an appeal or an RCE.  If the Examiner’s rate of allowance and/or re-opening of prosecution after appeal is high, it may be worth appealing rather than filing an RCE and avoid narrowing claims unnecessarily.

If the Examiner’s board decision success rate is high, it may be an indication that the Examiner goes to the Board only when he/she believes that an examiner’s answer would be particularly strong.  If you receive a compelling examiner’s answer from these types of Examiners, consider filing an RCE rather than going to the Board.

Conclusion

Just like how data analytics has improved efficiency in other industries, using examiner analytics can improve the efficiency of patent practitioners and the patent prosecution process.

Patent 300 Harrity Analytics

Harrity Patent Analytics Releases Patent 300™ Report

HARRITY PATENT ANALYTICS RELEASES PATENT 300™ REPORT

Report ranks and analyzes top 300 companies, organizations, and universities in the patent field

WASHINGTON (May 6, 2019) – Harrity Patent Analytics today released the publication of its inaugural Patent 300™ Report, the intellectual property industry’s premier resource for patent insights and competitive intelligence on the world’s leaders in technology. The report ranks and analyzes the top 300 companies, organizations and universities in the patent field, and contains more than 1,200 pages of patent portfolio analyses, detailed patent prosecution insights, technology area breakdowns, and portfolio cost and budget analytics.

The Patent 300™ Report provides in-house counsel, law firm partners, and c-suite executives with a detailed analysis of the world’s technology leaders, ranging from technology giants such as IBM (ranked #1) and Samsung (ranked #2), to leading universities such as MIT (ranked #114) and Johns Hopkins University (ranked #254), to newcomers including Uber (ranked #300) and GoPro (ranked #300).  The list represents 54 percent of the more than 300,000 U.S. patents issued in 2018.

“The Patent 300™ Report provides a wealth of information about the technology leaders obtaining patents in the United States,” said John Harrity, managing partner for Harrity & Harrity, the parent law firm of Harrity Patent Analytics. “The data contained in this report is invaluable information to companies, in-house counsel and law firms because it identifies the key players and summarizes what is happening today in the patent world.”

Key findings and trends from the Patent 300™ Report include:

  • 68.5 percent of Patent 300™ patents were in the electrical, software, and computer-related technologies, with 19 percent in mechanical, 9.1 percent in chemical, and 3.4 percent in biological technologies.
  • 122 of the Patent 300™ obtained patents in the semiconductor/memory technology area, making it the largest technology area at 8.8 percent of the Patent 300™.
  • Four of the top five companies had a decrease in the number of patents obtained in 2018 as compared to 2017.

A ranking of the top 300 companies, organizations and universities can be found here.

The full report is available to media upon request.

About Harrity Patent Analytics

Harrity Patent Analytics, an analytical team within the boutique IP law firm of Harrity & Harrity, LLP, uses cutting-edge capabilities to analyze patent data and extract insights for clients to use when making strategic decisions regarding patent portfolios. Patent 300™ companies rely on Harrity Patent Analytics services to understand their patent portfolios, the patent portfolios of their competitors, and patent office trends around the world. For more information, visit harrityllp.com/services/patent-analytics/.

 

Harrity Patent Analytics Releases 2018 Top Patent Firms List

WASHINGTON (February 21, 2019) – Harrity Patent Analytics is pleased to announce the publication of its annual list of top patent law firms. The 2018 edition of “Top Patent Firms” ranks the top patent law firms based on the total number of U.S. utility patents issued in 2018.

“In 2018, more than 300,000 patents were obtained by over 2,000 different law firms,” said Paul Harrity, a partner at Harrity & Harrity, the parent law firm of Harrity Patent Analytics. “Our goal is to raise awareness of the top law firms handling patent work in the U.S., and recognize the professionals that play a vital role in protecting intellectual property.”

Top Patent Firms only names patent firms that have obtained at least 50 utility patents where the patent firms are listed on the front of the utility patents. Company legal departments are not eliminated during data analysis.

The 2018 list is comprised of 722 total law firms. The full list is available here  https://harrityllp.com/services/patent-analytics/top-patent-firms-2018/.

About Harrity Patent Analytics

Harrity Patent Analytics, an analytical team within the boutique IP law firm of Harrity & Harrity, LLP, uses cutting-edge capabilities to analyze patent data and extract insights for clients to use when making strategic decisions regarding patent portfolios. Patent 300™ companies rely on Harrity Patent Analytics services to understand their patent portfolios, the patent portfolios of their competitors, and patent office trends around the world. For more information, visit harrityllp.com/services/patent-analytics/.

Download full press release HERE.

Harrity Blog

Colleen Chien at the Federal Trade Commission

Peter B. Glaser, William Gvoth and Rocky Berndsen prepared data used in Colleen Chien’s Federal Trade Commission presentation on Emerging Trends in Patent Litigation. Her team analyzed patent applications and complaints following patent reform. She came to us for information after reading Peter and Will’s article on Changes in Patent Language to Ensure Eligibility Under Alice.

Find Colleen’s full October 24th presentation here https://competition-consumer-protection-hearings.videoshowcase.net/october-24-hearing-part-2

Top Patent Firms 2018

Top Patent Firms List 2017

By Paul Harrity, Rocky Berndsen, Jaclyn Jones & Matthew Maslink

Harrity Patent Analytics compiled a list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2017 where the patent firms were listed on the front of the utility patents. We have included only patent firms that have obtained at least 50 utility patents. We made an attempt to correct for typographical errors. We did not eliminate company legal departments from the list.

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Top Patent Firms Badge 2017, Harrity

Top Patent Firms 2018

Top Patent Firms for 2016

By Paul Harrity & Anna Yee (Originally published by IP Watchdog)

We compiled a list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2016 where the patent firms were listed on the front of the utility patents. We have included only patent firms that have obtained at least 50 utility patents. We made an attempt to correct for typographical errors. We did not eliminate company legal departments from the list.

For the list from last year see: Top Patent Firms for 2015.

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