Unveiling the Brains Behind AI Patenting: Leading Inventors Transforming Technology

Patent Analytics , , , ,

By Ayana Marshall, Patent Data Analyst

Artificial intelligence (AI) has come a long way thanks to its top inventors.  Their groundbreaking work has not only pushed AI technology forward but also made it a vital part of different industries.  These innovators have transformed AI from ideas into impactful tools.  This article spotlights these leading inventors, celebrating the individuals whose creativity and foresight have made AI innovations indispensable. 

Leading Inventors in AI: A Perspective Based on Global Patents and Pending Applications 

The table above presents a summary of the contributions of leading AI inventors, ranking them by their patent portfolio size.  This table details a list of inventors with their associated patent portfolios, highlighting their active global patents and pending applications.  The following are the highlights: 

  • Global Patent Leader: Jianzong Wang from Ping An Insurance (Group) tops the list with 1,077 total patents and applications. 
  • Granted Patents: Wang currently holds 364 granted patents. 
  • Pending Applications: A considerable number of 713 applications are pending, indicating active innovation. 
  • Patent Families: Wang’s patents are part of a large family of 1,013, suggesting broad and varied technological advancements. 
  • Company Spotlight: Stradvision, Inc. features prominently, with several inventors on the list having a high volume of pending patents, highlighting the company’s intensive R&D focus. 

The gradient coloring starting from green across the table visually emphasizes the inventors with the most extensive patent activities, with darker greens denoting inventors with larger volumes.  This table, therefore, not only highlights individual achievement but also subtly points out the competitive landscape of AI development among leading tech companies. 

Leading Inventors in AI: A Perspective Based on US Patents and Pending Applications 

This image details a list of inventors with their associated patent portfolios, highlighting their active US patents and pending applications.  

  • U.S. Patent Front-Runner: Sarbajit K. Rakshit from IBM leads with 356 patents and pending applications in the U.S. 
  • Notable Inventors: Kenneth Neumann of Kpn Innovations, LLC and inventors from Capital One Financial Corporation are also highlighted for their substantial contributions. 
  • Close Contender: Austin Walters of Capital One Financial Corporation has a portfolio close behind with 303 patents and pending applications. 
  • Patents vs. Pending Applications: The table distinguishes between granted patents and pending applications, highlighting active areas of innovation with Neumann leading in pending applications. 
  • Cross-Industry Innovation: Inventors from various companies like Cisco Systems, Adobe, and Samsung demonstrate AI’s wide-ranging impact across different sectors. 

Beyond the Numbers 

In summary, the data from both images offers a look at the AI industry’s inventors and their contributions on a global scale, as well as within the United States.  The inventors listed highlight a robust commitment to innovation, with extensive patent portfolios that include both granted patents and those awaiting approval.  

Notably, the inventors affiliated with companies like Stradvision, Inc., Capital One Financial Corporation, and Ping An Insurance Group demonstrate strides in AI technology globally, as evidenced by their patent counts.  The number of pending applications further suggests that the field is poised for growth with potential new AI solutions on the horizon.  These inventors, therefore, represent the driving force behind the AI sector’s evolution, embodying the industry’s commitment to advancing technology and securing its future development through patent protection. 

This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence.  For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE. 

 

Who’s Conquering the AI Globe?  The Patent Showdown Between Reach & Influence

Patent Analytics , , , ,

By Ayana Marshall, Patent Data Analyst

The scope of Artificial Intelligence (AI) patents is a key indicator of innovation and global reach in the field.  The chart in the image arranges the companies by two metrics: the influence of their patents, indicated by average forward citations, and the international expanse of their patent holdings, revealing a strategic dimension to how AI advancements are being staked worldwide. 

Tech Titans in the Spotlight: Microsoft and Alphabet Inc. Lead the Charge 

The bubble chart was used here to assess the breadth of jurisdiction and citation impact of AI patents. Geographic coverage is plotted on the x-axis and average forward citations are plotted on the y-axis.  The following are the highlights from the chart: 

  • Microsoft & Alphabet Inc. Lead: Both companies secure top positions in AI patent rankings, highlighting extensive patent counts and wide international presence. 
  • Citation Impact: Alphabet Inc. has the highest average forward citations with Microsoft closely following. 
  • Other Notable Companies: Toyota Motor Corporation, Samsung Electronics, Huawei, and Robert Bosch. also feature with significant geographic coverage and citation impacts. 
  • Citation Prominence: Baidu, Tencent, and Ping An Insurance are notable because of their citation counts. 

Unveiling the Global AI Innovation Map: A Closer Look at Tech Titans 

The positioning of companies across the chart illuminates the reach of their AI endeavors.  This visual guide offers a look into the scale and influence of each technology titan’s AI patent portfolios.  This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence.

For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE. 

AI Titans: Who’s Dominating the Patent Universe

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By Ayana Marshall, Patent Data Analyst

In the rapidly advancing field of technology, Artificial Intelligence (AI) is a notable area of focus.  This field, where machines are designed to simulate human intelligence, is a center of both innovation and patent competition.  Key players in this arena are major companies that are not only involved in developing AI but also in securing their developments through patents.  These leading companies are actively engaging in AI research and development, and through their patent filings, they are protecting their innovations.  This activity plays a significant role in the ongoing evolution of AI technology and its integration into various industries. 

Global Players: Patent Powerhouses Shaping the Future 

The Top Companies bar chart above illustrates the total patents and total pending applications in AI held by various global corporations.  The following are some highlights: 

  • Leading Patent Holder: Alphabet Inc. holds the highest number of total patents, indicating significant investment in AI. 
  • IBM & Baidu Presence: International Business Machines Corp. (IBM) and Baidu, Inc. follow closely in patent counts, highlighting their roles as major players in AI development. 
  • Samsung’s Pending Applications: Samsung Electronics Co., Ltd. has a notably higher number of pending applications than granted patents. 
  • Varied Company Involvement: Microsoft Corporation, Tencent Holdings Ltd, Toyota Motor Corporation, and Amazon.com, Inc. are also key contenders with substantial patent portfolios. 
  • Ping An Insurance’s AI Focus: Ping An Insurance (Group) Company of China, Ltd. is recognized for its considerable AI patent portfolio. 
  • Manufacturing Companies + AI: Robert Bosch GmbH and Siemens AG, known for manufacturing, have significant AI patent activities, underlining AI’s cross-sector impact. 
  • Technology & Automotive Dominance: The chart emphasizes the strong involvement of technology and automotive companies in AI patent holdings. 

Tracing the Trajectory of AI Patent Publications 

Expanding on the context of patent holdings, the line graph above spans from 2014 to 2023.  The following are the highlights: 

  • Upward Trend:  The Publication Trend shows a fluctuating but overall increasing trend in AI patent publications from 2014 to 2023. 
  • Growth in Publications:  There’s a 7.6% annual increase in AI patent publications in the three years up to 2023. 
  • 2019 as a Milestone Year:  The year 2019 is highlighted as a significant year, marking the start of a noticeable rise in the number of AI patent publications. 

This overview introduces the major industry players and the publication trajectory in AI innovation, offering insights for understanding AI development and patenting.  This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence. 

For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE.

102 Blocking Patents as an Indication of High-Quality AI Patent Portfolios

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By Ayana Marshall, Patent Data Analyst

The hottest area for patenting globally is in Artificial Intelligence (AI) innovation, and one indicator of the quality of patent portfolios in the AI space is the number of 102 blocking patents.  102 blocking patents are patents cited by an examiner as a 102 reference in an office action at the USPTO (United States Patent and Trademark Office).  These Gate Keepers are building high quality patent portfolios that protect their innovation and keep other competitors from patenting similar inventions in AI. 

The table above shows a list of major technology companies, referred to here as “Gate Keepers,” that have obtained the most blocking patents related to Artificial Intelligence (AI).  The following are the highlights from this table: 

  • Alphabet Inc. holds the highest number of blocking patents, totaling 1,145. 
  • Microsoft Corporation follows with 1,068 blocking patents. 
  • Amazon.com, Inc. has 671 blocking patents. 
  • The list includes a mix of technology, automotive, and industrial companies. 
  • Notable entries include Samsung Electronics with 663 patents and IBM with 670 patents. 
  • Companies such as Meta Platforms, Inc. and Ford Motor Company also feature on the list with 200 and 190 patents, respectively. 

Now that we know which companies have the most blocking patents, we can now look at who is being hindered the most by 102 blocking patents.  The table below shows the list of major technology companies, referred to here as the “Hindered,” that have had the most AI patents cited against them in a 102 rejection. 

The following are the highlights from this list of companies: 

  • IBM at the Forefront: International Business Machines Corp. (IBM) leads with 994 patents impacted by 102 blockages. 
  • Samsung & Microsoft Affected: Samsung Electronics Co., Ltd. and Microsoft Corporation also faced significant numbers of blocked patents, with 677 and 618, respectively. 
  • Notable Tech Giants: Alphabet Inc. and Toyota Motor Corporation are among other technology giants, with 508 and 462 blocked AI patents, hinting at the competitive landscape they navigate. 
  • Intellectual Property Challenges: Companies like Intel Corporation and Baidu, Inc. also experienced several patent blockages. 
  • Broad Industry Impact: The list includes a diverse range of companies from different industries, showing that patent blockages in AI are a common challenge across the technology sector. 

This data highlights that the AI technology landscape includes companies that, while pushing the boundaries of AI, encounter significant hurdles in the form of 102 blocked patents.  The challenges faced by these companies underscore the importance of strategic patent management and the potential for collaboration or negotiation in advancing the field of AI.  Despite these obstacles, the continued efforts and resilience of these companies fuel the progress and expansion of AI technologies globally. 

This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence. For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE.

Apple Vision Pro: A Patent Look at the New Entrant in Virtual Reality

Articles, Patent Analytics , , , , ,

By Ayana Marshall, Patent Data Analyst

Introduction 

Virtual Reality (VR) has evolved from a futuristic concept to an everyday reality, and with Apple’s launch of the Vision Pro headset, the technology giant is now staking its claim in this innovative field.  This article takes a closer look at the Vision Pro, examining how it fits into an already dynamic market and patenting landscape, and what its arrival signifies for the future of VR. 

Overview of Apple’s Vision Pro 

The Apple Vision Pro is designed for seamless integration across the Apple ecosystem, enhancing the user experience on all Apple devices. 

Computational Power, Latency, and Memory Bandwidth 

Powered by the M2 chip, the Vision Pro balances high-speed processing with energy efficiency, further enhanced by a 10-core GPU and a 16-core Neural Engine.  With 16GB of unified memory, it supports efficient data processing and multitasking.  The introduction of the R1 chip reduces photon-to-photon latency to 12 milliseconds, enhancing immersion and minimizing motion sickness, while a 256GB/s memory bandwidth ensures responsive VR interactions. 

Display Technology, Audio Technology, and Media Playback 

Its display employs micro-OLED technology with 23 million pixels, delivering visuals supported by a wide color spectrum and variable refresh rates for smooth motion.  An array of advanced sensors and cameras enables environmental mapping and motion tracking, complemented by passthrough technology that blends virtual and physical spaces for enhanced user awareness.  The Vision Pro’s immersive audio experience, enriched by Spatial Audio with dynamic head tracking, personalized audio ray tracing, a six-mic array with directional beamforming, and ultra-low-latency connections with AirPods Pro (2nd generation).  Additionally, extensive support for audio and video formats ensures high-fidelity content consumption. 

Operating System, Battery Life and Charging 

visionOS, Apple’s platform for spatial computing, is the operating system for the Vision Pro.  This operating system enhances the VR experience by leveraging the device’s advanced hardware for seamless navigation and immersive applications, integrating tightly with the Apple ecosystem.  It supports eye and hand controls and is compatible with physical keyboards, trackpads, and game controllers.  The Vision Pro’s optimized battery life supports extended use, and advanced connectivity options with Wi-Fi 6 (802.11ax) and Bluetooth 5.3 provide reliable streaming and device pairing. 

Input Methods, Ergonomics and Physical Design 

Input versatility includes interactions through hands, eyes, voice, and supported accessories like keyboards, trackpads, and game controllers, broadening usability.  Items can be chosen simply by gazing at them and tapping fingers together, while pinching, dragging, zooming, and rotating objects can be accomplished using specific hand gestures.  The adjustable Interpupillary Distance (IPD) and the device’s lightweight design provide visual comfort and ease of use. 

Security and Accessibility Features 

Security is a priority, with Optic ID offering iris-based biometric authentication, encrypting data securely to protect user privacy.  A key aspect of the Vision Pro is its comprehensive accessibility features, designed to empower individuals with disabilities to fully engage with their device. 

Exploring the VR Market Dynamics 

The Vision Pro enters a market with well-known products like the Sony PlayStation VR, HTC Vive, and Meta’s Quest 3.  These systems have already established their places in the VR market, creating a competitive environment for the introduction of the Apple Vision Pro. 

Patents as Innovation Indicators 

Based on data provided by the Harrity Analytics Patent Pulse™ Report on VR Hardware, the trend in VR hardware patent publications has experienced a consistent increase up to 2022, after which it levels off.  Over the past three years, there has been an annual growth of 5.8% in patent publications.  An increase in patent filings typically reflects a period of innovation, as companies seek to secure legal protection for their new inventions.  The data suggests progress in VR hardware development, pointing to the technology’s ongoing expansion and adoption.  

Analyzing the Growth of VR Hardware Patents: A Snapshot of Industry Leaders and Apple’s Position 

The chart presents data on the patent activities of leading corporations in the VR domain, specifically comparing the number of patents to the number pending applications.  This data provides a snapshot of VR technology patenting from technology giants. The following are highlights from this chart: 

  • Sony Group Corporation leads with the highest patent count. 
  • Microsoft, Meta Platforms, Magic Leap, Samsung, and Nintendo follow as top patent holders. 
  • These companies have many pending applications, showing active VR development. 
  • Apple Inc. ranks in the top 15, with fewer patents than the leaders. 

How Does Apple’s Growth in VR Patent Publications Compare to Industry Leaders? 

The following are the highlights from this chart about Apple’s publication trends: 

  • Apple’s publication growth in 3 years: 19.1%, more than triple the entire VR sector’s growth. 
  • Significant growth observed from 2019 to 2021, followed by a stable period. 
  • Growth resumed in the years 2022 to 2023. 

The Competitive Ecosystem 

As Apple’s Vision Pro joins the competitive landscape of virtual reality headsets, it stands amidst established players like Meta’s Quest series and Sony’s PlayStation VR.  Apple’s entry introduces its distinct blend of technologies and design philosophies, aiming to carve out its niche in a market that values innovation and user-centric experiences.  This environment, where companies not only compete on product capabilities but also on the intellectual property front, highlights a dynamic interplay of market strategies and technological advancements. 

The chart provides a visual comparison of the influence and scope within the VR hardware patent landscape.  Influence is gauged by the average number of citations a company’s patents receive, indicating their significance to subsequent technological developments.  Scope is measured by the length of a patent’s first claim, which can reflect the breadth of the invention’s protection.  Larger bubbles represent a higher quantity of patents held by each entity.  The following are highlights from this chart: 

  • Microsoft and Alphabet have influential patents with shorter claim lengths. 
  • Goertek and Nintendo’s patents feature longer first claims. 
  • Apple’s patents have lower influence based on forward citations and have fewer words in the first claim. 

Analyzing the Impact and Breadth of VR Patent Portfolios 

Building on the understanding of patent activity as an indicator of technological development, further analysis can be conducted by examining the nuances of patent influence against the diversity of technology within the VR sector.  Review of such metrics provides insight into how companies balance the breadth of their technological advancements with the impact of their intellectual contributions.  This approach to patent analysis offers a unique perspective on how a company like Apple, with its moderate citation influence and longer first claims, positions itself among peers in terms of technological diversity and patent influence. 

This chart offers a visual representation of the interplay between the number of forward citations—a marker of influence—and the technological diversity, as indicated by unique Cooperative Patent Classification (CPC) codes, for patents in the VR hardware domain.  The bubble sizes reflect the volume of patents each company holds.  The following are highlights from this chart: 

  • Microsoft and Alphabet have a high average of forward citations and multiple unique CPC codes. 
  • Sony and Meta Platforms demonstrate significant technological diversity. 
  • Apple holds moderate influence and technological diversity in this context. 

The Future is Now 

Apple’s Vision Pro is not the only VR headset to be introduced to the market in 2024.  The VR hardware landscape is set for potential other new releases from companies that include Valve Corporation and ByteDance.  Here is a summary of the most anticipated VR headsets: 

  1. Project Moohan: Samsung and Google are partnering to develop an advanced XR headset that leverages Samsung’s hardware capabilities and Google’s Android XR software.  This joint endeavor is positioned as a competitor to Apple’s Vision Pro, with an anticipated release in the summer of 2024. 
  2. PICO 4: Parent company Bytedance has apparently not yet launched PICO 4 in the US. 
  3. Valve VR Headset: Valve is currently working on the next iteration of its Valve Index VR headset, drawing upon its established VR expertise and extensive gaming catalogue. 
  4. Valve “Deckard”: This appears to be a new venture by Valve, which may be the successor to the Index VR system. 

While not dominating the VR landscape, the companies shown in the above image, including Valve Corporation and ByteDance Ltd., own multiple VR patents and have several applications pending.  Their portfolios, though not as extensive as some competitors, reflect active participation in the VR sector. 

Applications of VR Technology Beyond Entertainment 

It should be noted that VR technology extends well beyond gaming into various sectors including the following:  

  • VR aids healthcare by enabling simulation of medical procedures and virtual patient rehabilitation. 
  • Education uses VR for immersive learning, allowing students to virtually visit historical locations or learn complex science. 
  • Real estate employs VR for remote property tours. 
  • Design and engineering benefit from VR’s ability to create 3D models, aiding visualization, and project iteration. 
  • The entertainment industry utilizes VR for immersive films and interactive storytelling experiences. 

Conclusion 

The launch of the Vision Pro signals Apple’s commitment to the VR segment.  With Apple holding a growing position in terms of patent activity and having moderate influence and technological variety within the VR domain, Vision Pro’s future contributions to this sector are anticipated with interest.

This data is sourced from the Harrity Analytics Patent Pulse™ Report on VR Hardware.  For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE. 

Sources: 

https://harrityllp.com/patent-pulse-report/ 

https://www.dexerto.com/tech/upcoming-vr-headsets-2156692/ 

https://deovr.com/blog/87-upcoming-vr-headsets 

https://www.tomsguide.com/news/oculus-quest-3-release-date-rumors-specs-news#:~:text=The%20Meta%20Quest%203%20is,to%20say%20about%20that%20soon) 

https://www.youtube.com/watch?v=dtp6b76pMak 

https://www.apple.com/apple-vision-pro/ 

https://www.apple.com/apple-vision-pro/guided-tour/  

https://www.apple.com/apple-vision-pro/specs/  

https://www.apple.com/newsroom/2023/01/apple-unveils-m2-pro-and-m2-max-next-generation-chips-for-next-level-workflows/  

https://forums.appleinsider.com/discussion/233273/hands-on-with-apple-vision-pro-in-the-wild  

https://www.makeuseof.com/what-is-apples-r1-chip-how-does-it-compare-m1-and-m2/  

https://www.hardwarezone.com.sg/tech-news-samsung-and-googles-xr-headset-expected-launch-2024  

https://www.theverge.com/2023/12/13/23999883/the-pico-5-headset-might-be-canceled-but-bytedance-isnt-done-with-vr  

Trends and Implications of Decreasing Average Office Actions Per Patent at the USPTO

Articles, Patent Analytics, USPTO , , ,

By Rocky Berndsen, Head of Analytics

The United States Patent and Trademark Office (USPTO) has been observing a notable trend over the past six years that could have significant implications for patent applicants and the patenting process at large. Data from 2018 through 2023 shows that the average number of office actions per patent—a metric that indicates the average number of communications between the patent examiner and the applicant before a patent is either granted or the application is abandoned—has been consistently decreasing across various technology centers (TCs).

Analyzing the Numbers

In 2018, the USPTO’s overall average stood at 1.631 office actions per patent. As of 2023, this number has dipped to 1.371, marking a significant reduction. This decrease is not isolated to a specific sector but is across the board, including high-volume TCs such as 2100 (covering Computer Architecture, Software, and Information Security), which saw a drop from 2.088 to 1.580, and 3700 (covering Mechanical Engineering, Manufacturing, and Products), which went from 1.901 to 1.551.

Shorter Time to Obtain Patents

A primary implication of this trend is a likely acceleration in the patent granting process. With fewer office actions required, the back-and-forth between the USPTO and patent applicants is reduced, potentially leading to a more streamlined examination process. For inventors and companies, this means a faster path to securing patent rights, which can be crucial for maintaining competitive edges in fast-moving industries.

Lower Costs for Applicants

Each office action typically incurs additional costs for applicants, including attorney fees and potential amendment requirements. A reduction in the average number of office actions can thus translate into lower overall costs for obtaining a patent. This could be particularly beneficial for individual inventors and small businesses for whom cost is a major barrier to securing patent protection.

Implications for Patent Quality

However, while fewer office actions suggest a more efficient process, there could be concerns about the thoroughness of patent examinations and the potential impact on patent quality. The USPTO must balance the efficiency of the examination process with the need to maintain high standards for patentability, ensuring that only novel, non-obvious, and useful inventions are granted patent rights.

Impact on Patent Litigation

A decrease in office actions might also influence patent litigation. Patents that undergo fewer office actions could be perceived as less scrutinized, potentially affecting their defensibility in court. Conversely, this trend might result in patents that are more solid due to a more focused examination process, leading to less ambiguity and fewer grounds for litigation.

Enhanced Predictability for Planning

For businesses and investors, a predictable patent examination timeline facilitates better strategic planning and resource allocation. If the trend of decreasing office actions continues, it may enable more precise forecasting of patent portfolios and related business activities.

In conclusion, the downward trend in the average number of office actions per patent at the USPTO is a positive signal for applicants looking for a quicker and less costly patenting process. However, it’s imperative that this efficiency does not compromise the quality of granted patents—a balance the USPTO is undoubtedly striving to achieve. As we watch this trend continue, the patent ecosystem may need to adapt to the evolving dynamics of patent prosecution and enforcement.

Get in Touch for Insights on USPTO Data

If the information above has sparked your curiosity or if you have specific queries about USPTO data and trends, we invite you to reach out. Understanding the intricacies of patent data can provide valuable insights for your patent strategy and decision-making process. By filling out our contact form, you’ll connect with experts who can delve deeper into the data, provide personalized analysis, and help you gain insight from USPTO data.

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Unveiling the Power of Bubble Charts in Competitive Intelligence: A Quantum Computing Perspective

Patent Analytics , , , ,

By Rocky Berndsen, Head of Analytics

In the realm of competitive intelligence, especially within the patent field, traditional metrics such as patent counts have long been the standard for assessing a company’s patent portfolio strength.  However, this quantitative approach often overlooks the qualitative aspects of patents, which can provide deeper insights into a company’s technological prowess and strategic positioning.  Our recent Quantum Computing – Patent Pulse Report introduces an innovative approach to competitive benchmarking that utilizes bubble charts, offering a more nuanced view of the landscape.  To download the complimentary Quantum Computing Patent Pulse Report, CLICK HERE.

Beyond Counting Patents: The Need for Deeper Insights

While the number of patents a company holds is an important indicator of its activity in a particular technology area, it doesn’t tell the whole story.  Two crucial qualitative metrics often overlooked are the influence of a patent, measured by the number of forward citations it receives, and the scope of its claims, typically gauged by the word count of the first claim.  These metrics provide insights into the patent’s potential impact on future technologies and its breadth of coverage, respectively.

The Bubble Chart: A Visual Representation of Patent Quality and Quantity

The bubble chart featured in our Quantum Computing report illustrates how these qualitative metrics can be visualized alongside quantitative ones.  By plotting companies across two axes—average number of forward citations (influence) and average first claim word count (scope)—and using the bubble size to indicate the number of patents held, the chart provides a comprehensive view of each company’s patent portfolio in terms of both quality and quantity.

This visualization technique allows stakeholders to quickly identify leaders in the technology area, not just by the volume of their patents but by their potential impact and breadth.

Insights from the Quantum Computing Patent Landscape

The Quantum Computing – Patent Pulse Report reveals intriguing trends and strategic positions among key players in the quantum computing field.  For example, D-wave Systems Inc. stands out with patents that have the highest average first claim word count and the highest average forward citations.  To download the complimentary Quantum Computing Patent Pulse Report, CLICK HERE.

The Strategic Value of Bubble Charts in Competitive Benchmarking

The use of bubble charts for competitive benchmarking analyses offers several advantages:

  • Comprehensive Insights: It provides a holistic view of a company’s patent portfolio, combining quantity with qualitative metrics.
  • Strategic Decision-Making: Companies can identify not only their position but also their competitors’ strategic focuses, guiding R&D investments and patenting strategies.
  • Identifying Innovation Leaders: Stakeholders can pinpoint which companies are setting the pace in technological advancements, potentially guiding partnership or acquisition decisions.

Conclusion

As the patent landscape becomes increasingly complex, tools like bubble charts that offer multi-dimensional analyses become invaluable.  Our Quantum Computing – Patent Pulse Report is a testament to the power of such analytical tools in revealing the nuances of competitive positioning and technological leadership.  By moving beyond simple patent counts to a richer, more informative analysis, we can gain true insights into the dynamics of innovation across industries.

Maximizing Efficiency: A Case Study on Using the Patent 300® Report for Assessing Law Firm Performance

Case Study, Patent 300, Patent Analytics , , , ,

By Rocky Berndsen, Head of Analytics

In the ever-evolving realm of patent law, in-house attorneys face the critical task of assessing and optimizing the performance of their outside counsel. This blog post delves into a practical case study illustrating how an in-house attorney can leverage the insights from the Patent 300® Company Report to evaluate and enhance the effectiveness of their law firms in patent prosecution.

Step-by-Step Guide:

  1. Analyzing Key Metrics: The report provides comprehensive data, including total patents issued, average cost, office action frequency, and more. By comparing these metrics across different firms, an attorney can identify performance trends and cost-efficiency.
  2. Benchmarking Success Rates: Through examining specific metrics like interview success and extension of time requests, attorneys can benchmark their firms against industry standards, pinpointing areas for improvement.
  3. Cost-Effectiveness Evaluation: The average cost per patent metric is pivotal for assessing the financial aspect of the firm’s performance, helping in making budget-conscious decisions.
  4. Strategic Decision Making: With a detailed breakdown of each firm’s performance, an attorney can make informed decisions about continuing, modifying, or terminating relationships with specific outside counsel.
  5. Future Planning: The technology breakdowns and patent prosecution stats offer insights for future patent strategies, ensuring alignment with the company’s overall IP goals.

This case study exemplifies how an in-house attorney can transform raw data into actionable insights, leading to a more efficient and strategic approach in managing outside counsel for patent prosecution.

By embracing the detailed analysis offered by the Patent 300® Company Report, attorneys can not only assess but also significantly improve their firms’ performance, aligning it with the company’s broader intellectual property objectives.

Download a Complimentary Report on Your Company HERE

Review our Sample Report on Nvidia:

Nvidia - 2024 Patent 300® Company Report

Looking for more detailed analytics on your company or your competitors?

CONTACT US HERE

High Level Patent Portfolio Assessment Using Harrity’s Patent 300® Company Report

Patent 300, Patent Analytics , , , ,

By Rocky Berndsen, Head of Analytics

Could a Glance at the Big Picture Reveal Secrets to Refining Your IP Strategy?

In the intricate world of intellectual property, IP counsel often find themselves deeply immersed in the minutiae of patents and portfolios. The challenge is real: staying afloat in a sea of detailed legal and technical complexities. But, what if the key to a breakthrough in patent strategy lies in a broader perspective? Could stepping back to observe high-level trends be the game-changer for assessing and enhancing your patent practice?

A Key to Unlock Patent Insights

Our Patent 300® Company Report is more than just a document; it’s a window to a world of strategic insights. With this report, IP counsel can transcend beyond the everyday details and gaze at the bigger picture. This high-level view offers a unique opportunity to understand the broader trends in patenting, helping you refine and realign your IP strategy effectively.

Exclusive Sample: NVIDIA Report

To give you a taste of what our report offers, we have attached a sample report for NVIDIA. This sample includes high-level patenting trends, detailed patent prosecution stats, insights into outside counsel costs, and a breakdown of technological focuses. It’s a glimpse into the kind of comprehensive analysis and strategic guidance that our full report offers.

Nvidia - 2024 Patent 300® Company Report

At Harrity, we believe in the power of perspective. It’s why we are excited to offer a unique tool that unlocks this very insight – the comprehensive portfolio report for companies on the distinguished Patent 300® List.

DOWNLOAD A COMPLIMENTARY COMPANY REPORT HERE

Your Guide to the Patent 300 Landscape

Are you curious to see who made it to this year’s Patent 300 List? We’ve got you covered. Visit HERE to discover the companies leading the charge in innovation and intellectual property.

Dive Deep into Patent Trends

The Patent 300® Company Report is not just about lists and numbers. It’s a deep dive into the world of patent trends, offering insights into patent prosecution statistics, technology breakdowns, and even metrics on outside counsel costs. This level of detail is invaluable in crafting a strategy that is not only responsive but also proactive in the face of evolving IP landscapes.

Download and Transform Your Approach

Ready to realign your IP strategy? Download your copy of the report HERE. Dive into the details, discover the trends, and start transforming your approach today. The insights you gain might just be the key to unlocking a more refined and effective IP strategy.

Patent Data Reveals Unique Continuation Practice Amongst Patent 300® Companies

Articles, Patent 300, Patent Analytics , , , ,

By Rocky Berndsen, Head of Analytics

Continuation practice in US patent law refers to a procedure where an applicant files a subsequent application based on the disclosure of a prior non-provisional application, while the prior application is still pending.  This strategy can be used for various reasons, such as refining claims, pursuing different scopes of protection, or keeping a patent family alive as the business strategy or technology develops.  The Patent 300® data, focusing on the highest and lowest percentages of patents issued in 2023 that were continuations, provides fascinating insights into the innovation and patenting strategies of top companies.

Strategic Use of Continuation Practice Found in Numerous Industries

The chart above indicates that companies like Sonos, Edwards Life Sciences, and Ebay lead with the highest continuation percentages.  For example, the data shows that 88% of Sonos’ patents issuing in 2023 were continuation applications.  This approach suggests a targeted approach to innovation, where companies are keen on fortifying their market position by building robust patent portfolios around their core products and services.  Continuation practice allows these companies to create a thicket of patents, making it harder for competitors to navigate without infringing.  It also provides them the flexibility to adapt to technological advancements and market changes by updating or expanding their patent claims.

Moreover, continuation practice might be indicative of a strategic layering of patent protection that enables companies to keep certain innovations under initial protection while testing the market or developing further improvements.  For companies like Palantir and Dolby, whose products involve complex software or hardware, the ability to file continuations means they may have the ability to continually update their patent claims to cover the latest iterations of their technology.

Continuation applications can also serve as a legal strategy to keep competitors uncertain about the final form of the patent claims, which could deter potential infringement or at least make it more difficult for competitors to design around an applicant’s patent portfolio.

Why are some companies not filing many continuation applications at all?

The Patent 300® data also reveals a set of companies that utilize continuation practices minimally in their patenting efforts.  Notably, this list includes a significant number of automotive manufacturers, highlighted above, such as Subaru, Mazda, and Honda, all showing low continuation percentages.  This pattern could suggest a distinct approach to portfolio management within the automotive industry, where innovation is rapid and product development cycles are aligned with manufacturing and release schedules.

Another reason for the minimal use of continuation practice could be budgetary constraints.  Continuation applications incur additional costs, not just in filing fees but also in legal and administrative expenses over time.  For some companies, the cost of maintaining a high number of continuations may not justify the potential benefits.  Some companies may opt to instead focus on obtaining patents for newly developed technologies.

Additionally, the strategy behind claims could influence the use of continuation practice.  Companies may choose to file comprehensive initial patent applications with broad claims to cover their inventions fully from the outset.  This approach could reduce the need for subsequent continuation applications to refine or broaden the scope of the original claims.  Some companies may prioritize filing detailed applications that anticipate future product developments, thereby lessening the need for continuations.

Moreover, the breadth of patenting may reflect an applicant’s innovation strategy.  Companies with a wider range of products and services may prefer to obtain a broader spread of original patents rather than deepening the protection around a narrower technology area through continuations.  This approach can create a more extensive barrier to entry for competitors across a wider technology landscape.  Automotive companies, with their frequent iterations of vehicle models and technologies, might find more value in creating a broad patent portfolio that covers a range of innovations rather than focusing on continuing applications for specific technologies.

In sum, the Patent 300® data offers a revealing glimpse into the nuanced strategies behind continuation practices in patent law.  While certain companies leverage this mechanism to build a dense web of protection around key products, adapting to market and technological shifts, others in sectors like automotive opt for a broader innovation footprint, potentially driven by cost considerations, a preference for comprehensive initial filings, or the strategic spread of their patent efforts across a wider range of technologies.  These divergent approaches underscore the complexity of IP management, where each applicant crafts a strategy aligned with its business goals, market position, and the dynamic landscape of technological advancement.  The data not only reflects the tactical choices of individual companies but also illustrates broader industry trends in patenting, revealing the careful balance between depth and breadth in securing intellectual property rights.

Harrity Named Top 10 Firm in Four USPTO Tech Centers

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In the competitive landscape of patent law firms, staying at the forefront of quality and innovation is crucial. Harrity & Harrity, a leading intellectual property law firm, has once again demonstrated their commitment to excellence by achieving top rankings in the prestigious 2023 Patent Bots Quality Scores. The firm’s consistent dedication to providing exceptional service and expertise has earned them recognition among the elite players in the industry.

The 2023 Patent Bots Quality Scores have positioned Harrity & Harrity among the top law firms in four main USPTO Tech Centers:

#1 in Tech Center 2100
#2/3 in Tech Center 2400
#4 in Tech Center 2600
#1 in Tech Center 3600

The rankings are a testament to the firm’s unwavering focus on quality patent prosecution and their ability to consistently deliver outstanding results for their clients. This recognition not only reaffirms Harrity & Harrity’s position as a leading player in the field but also showcases their commitment to excellence.

Harrity & Harrity’s success in the Patent Bots Quality Scores can be attributed to their unique approach to patent prosecution and thoroughly vetted firm of superstars. With a team of experienced attorneys and agents who specialize in various technology areas, the firm provides comprehensive and tailored legal solutions to a diverse range of clients. By combining technical expertise with a deep understanding of intellectual property law, Harrity & Harrity consistently delivers high-quality patents that stand up to scrutiny.

The recognition in the 2023 Patent Bots Quality Scores highlights Harrity & Harrity’s commitment to continuous improvement and innovation. The firm consistently invests in cutting-edge technologies and resources that enhance their patent prosecution process. By staying ahead of industry trends and adapting to new developments, Harrity & Harrity remains at the forefront of the intellectual property landscape, providing their clients with a competitive edge.

Harrity & Harrity’s impressive rankings in the 2023 Patent Bots Quality Scores are a testament to their unwavering dedication to quality, client satisfaction, and innovation. As a leading intellectual property law firm, they continue to set the bar high in patent prosecution, providing exceptional legal services that protect their clients’ innovations. With a client-centric approach and a team of highly skilled attorneys, Harrity & Harrity is well-positioned to navigate the ever-evolving world of intellectual property law and contribute to their clients’ success.

See the full list by Patent Bots HERE.

To learn more about our patent services, click HERE.

Harrity Named Juristat Top Patent Firm for 4th Year

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Harrity & Harrity has been named a Top Patent Firm by Juristat for a fourth consecutive year.

The list, backed by a database of more than 10 million pending, abandoned, and granted patent applications, objectively analyzes the performance of every law firm practicing within the USPTO to establish the rankings.

Juristat’s rankings consider both volume and performance in that specific technology center, with rankings based on how well a firm performed in three key metrics over a 12-month period. These metrics are:

  • Number of applications filed
  • Allowance rate
  • Average number of office actions before allowance

Harrity came in at #1 for Technology Center 2400 (Computer Networks, Multiplex, Cable and Cryptography/Security) and Technology Center 2600 (Communications).

See the full list by Juristat HERE.

To learn more about our patent services, click HERE.

Harrity Analytics’ Top Patent Firms List Featured in Law360

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The newly released 2022 Top Patent Firms List by Harrity Patent Analytics and accompanying data is featured in a recent Law360 article, titled This Firm Keeps Reeling In The Most Utility Patents.

“The law firm that won the most utility patents in 2021 has again taken the No. 1 spot in 2022, with nearly 5,200 secured utility patents, according to a new report from Harrity Patent Analytics.

Fish & Richardson PC increased the number of patents secured by the firm by 4% in 2022, obtaining 5,186 patents compared to 2021’s 5,004, according to Harrity’s 2022 Top Patent Firms. Sughrue Mion PLC and Oblon McClelland Maier & Neustadt LLP again rounded out the top three.

‘The list demonstrates which patent firms are still big players, while providing insight for both clients and firms to make strategic decisions moving forward,’ Rocky Berndsen, the head of Harrity Patent Analytics, said in a statement.”

Read the full article at HERE.

See the 2022 Top Patent Firms List HERE. Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Bloomberg Features Patent 300® by Harrity Analytics

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The newly released 2023 Patent 300® List by Harrity Patent Analytics and accompanying data is featured in a recent article by Brody Ford for Bloomberg, titled IBM Loses Top Patent Spot After Decades as Leader.

“International Business Machines Corp. dropped from the top spot for US patents in 2022, the first time in decades Big Blue hasn’t claimed the most in a year, signaling a strategy shift at the longtime intellectual property leader,” the article begins.

“IBM’s patent count declined 44% to 4,743 patents in 2022, falling to No. 2 behind Samsung Electronics Co.’s 8,513, according to Harrity LLP’s Patent 300 list. Technologies such as semiconductors and hardware memory saw the largest drop in IBM patents, though the reduction was across all major types.”

Read the full article at HERE.

See the 2023 Patent 300® List HERE. Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Rocky Berndsen Featured in IAM Article: Covid Impact on US Patent Filings

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A recent article by Angela Morris for IAM features patent data and insight from Rocky Berndsen, Head of the Harrity Patent Analytics Team. Using the annual Patent 300® report, Rocky provides reasoning for the apparent decline in patents from major players since the start of Covid.

“The slide in patent grants means something, according to Rocky Berndsen, head of patent analytics at Harrity & Harrity, which conducted the data analysis.

First, it could be indicative of changing prosecution patterns. ‘Thinking back, 2020 was the covid year. It was really when it started hitting and we all had the shut-downs. But some of the impact is showing in the 2021 data. We had a drop-off in 2021 as a result of what was happening in 2020. There is a lag that happens in the patent field with filings and prosecution budgets,’ explains Berndsen.”

Read the full article at HERE.

Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

AT&T Slips in Patent Rankings, Rocky Berndsen Quoted for DBJ

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A recent article by Brian Womack, Staff Writer for Dallas Business Journal, referred to data and expertise from Rocky Berndsen and the Harrity Patent Analytics Team’s Patent 300® report over the decline in patents from wireless conglomerate AT&T.

“AT&T lost some ground with patent numbers, a report shows — though an executive said fluctuations aren’t anything new. The company saw the number of utility patents issued fall 26% in 2021 compared to 2020, according to the Patent 300 List by Harrity Patent Analytics. The Dallas telecommunications giant’s ranking slipped to No. 36 from the No. 27 spot in the previous year, according to Rocky Berndsen, head of patent analytics at Harrity & Harrity,” Womack begins.

Read the full article at HERE.

Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Visual Capitalist Features Patent 300® by Harrity Analytics

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Visual Capitalist is one of the fastest growing online publishers globally, focused on topics including markets, technology, energy and the global economy, making data more accessible through infographics that simplify the high volume of data sources and show readers the bigger picture.

Harrity is honored to be featured in one of the latest Visual Capitalist’s datastreams, Visualizing Companies with the Most Patents Granted in 2021, by Raul Amoros.

“Companies around the world invest billions in R&D to provide cutting-edge innovation to their products and services. In order to protect these investments, companies apply for patents. Therefore, the number of utility patents a company is granted can be considered a rough measure of its level of innovation.

Every year, the Patent 300 List identifies America’s most innovative companies within the intellectual property space by analyzing the patents granted by the United States Patent and Trademark Office (USPTO).

In 2021, the USPTO granted a total of 327,798 utility patents, down 7% from the previous year. Let’s take a look at which companies generated the most patents in 2021.”

Read the full article at HERE.

Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Harrity Recognized for DEI Initiatives

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Harrity & Harrity has recently been recognized by IM-Media, in their article “Closing diversity gaps in patenting: current initiatives and the HP perspective” for it’s many DEI initiatives – in particular, the Patent Pathways program which Harrity is helping to launch the first iteration of this program Summer 2022.

Patent Pathways is a Diversity & Inclusion Program dedicated to increasing numbers of registered African-American/Black women patent attorneys and agents. This program was created to help address the significant lack of diversity found in IP Law.

To learn more about the Patent Pathways program, click HERE.

Click HERE to read the full article.

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Harrity Named #1 for Patent Bots Quality Scores

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Harrity & Harrity has been named #1 on Patent Bots Quality Score rankings for 2022, topping all other firms with over 500 patents issued in 2021. This is the 3rd consecutive year Harrity has made the Top 10, placing second in 2021 and 2020.

#1 of Firms with 500+ Patents Issued (97.8)
#1 Tech Center 2400 (99.7)
#1 Tech Center 3600 (99.6)
#3 Tech Center 2600 (99.8)
#5 Overall (97.8)

Click HERE to learn more.

 

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Track One Filings on Faster Track?

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Are Track One Filings on a Faster Track?

By Neil Kardos, Partner

Does filing a Track One prioritized examination request increase the chances of getting a patent? I discussed this idea in a recent Practical Patents video, and below is a chart of the data broken down by USPTO technology center.

Track One applications have a higher allowance rate compared to non-Track One applications across all technology centers, ranging from a 7% boost to a 21% boost.

The boost from Track One is particularly significant (16%-21%) in technology areas with lower allowance rates, like chemical, biotech, and business methods.

Of course, correlation is not causation. Does filing a Track One request boost the chances of getting a patent, or are patent applications that already have a higher chance of success being filed with Track One requests?

My guess: it’s a bit of both.

What do you think?

Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Harrity Named Juristat Top Patent Firm for Third Year

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Harrity & Harrity has been named a Top Patent Firm by Juristat for a third consecutive year. Harrity is one of 66 firms to top the list consecutively.

The list, backed by a database of more than 10 million pending, abandoned, and granted patent applications, objectively analyzes the performance of every law firm practicing within the USPTO to establish the rankings.

Harrity came in at for Technology Center 2400, #9 in Technology Center 2600, and #13 in Technology Center 3600.

To learn more about our patent services, visit harrityllp.com.

Using Examiner Analytics for Prosecution

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A Look at Examiner Analytics

By Paul Harrity, Managing Partner

If you had a patent application with a particular Examiner and these were the only statistics that you had regarding the Examiner, what could you tell about this Examiner?

I can tell a number of things about this Examiner from these statistics. Here are some of the things I would know about this Examiner:

 
1. The Examiner is a more senior patent examiner with about 10 or 11 years of experience (assuming that the 40 patents that the Examiner issued last year is their average).
 
2. The Examiner allows a lot more applications than the Examiner abandons (i.e., the Examiner issued 40 patents last year compared to 2 abandonments). So, this seems like someone who I can work with to get to an allowance.
 
3. The Examiner allows more applications than the average patent examiner in the Examiner’s art unit (i.e., the Examiner’s 95% allowance rate is higher than the art unit average of 90%). Further, the Examiner has issued more than half of the patents issued by the entire art unit so far this year (i.e., the Examiner issued 18 patents YTD, compared to the 33 patents issued by the entire art unit). This is further evidence that this is someone who I can work with to get to an allowance.
 
4. The Examiner’s allowance rate of 95% for the entire prior year implies that this is a patent examiner who might be willing to work with applicants to move an application towards allowance.
 
What else do you see?
 
You can get FREE examiner analytics today – right now. Go to www.patentprufer.com and sign up today.

Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Top Medical Device Companies in 2021 US Patents

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Top Medical Device Companies in 2021 US Patents

By Rocky Berndsen, Head of Harrity Analytics

Medical devices are a $432 billion dollar global industry and here are the top 20 companies patenting in the US. Overall, these companies obtained 8% fewer patents in 2021 compared to 2020. Most of these companies are filing first in the US, with Philips as an exception.

Over 40% of the patents issued are continuations, Considering that the average number of continuations in 2021 was 23%, this shows the strategic continuation patenting in the medical device space.

Of note is the variability in the average office actions per patent and RCEs per patent statistics in the medical device space. The highest office actions per patent is 2.4 and the lowest is 1.3. The highest RCEs per patent is 0.8 and the lowest is 0.3.

Kudos to Johnson & Johnson, Medtronic, Philips, Boston Scientific, Stryker, Abbott, BD, SHIMADZU CORPORATION, Intuitive, and Baxter International Inc. for making the top 10!

Learn more about our patent analytics capabilities by visiting the Harrity Analytics site HERE.

Business Methods Patents Are Alive & Well!

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By Rocky Berndsen, Head of Harrity Patent Analytics

Business Method patents are alive and well! Here is a list of the top 25 companies that obtained patents in 2021 in the business method art units at the USPTO.

Surprisingly, this is one of the few areas where we see year over year growth in patenting. This increase in patenting may be due to the sea change that we’ve seen in how the USPTO has handled the prosecution of business method patents.

There is some interesting variation in the patent prosecution metrics for companies obtaining patents in this space. This list is a who’s who of high-technology and fin-tech companies.

I’m surprised to see that significant percentage of patents in this space that are con/div.

What do you think? Find me on Linkedin and let me know your thoughts!

Want to see more interesting patent analytics? Check out our newest Patent 300® list here!

 

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/.

 

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Comparing Auto Manufacturer’s Patent Data to Sales, Revenues, and R&D

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By Rocky Berndsen, Head of Harrity Patent Analytics

 

One of my favorite ways to look at patent data is by comparing the data to sales, revenues, and R&D. Here are the top Auto Manufacturers that obtained patents in the US. I’ve included data from our patent database, and from www.goodcarbadcar.com.

This stat is interesting – Cars Sold to Patents. There could be a couple of insights drawn from this stat.

Here are some of my thoughts:
1. How much does a company value patenting – a higher ratio may indicate that the company places less value on patenting.
2. How much are patents playing in driving sales – a lower ratio may indicate that patents play a bigger role in driving sales
3. Which companies are innovating the most in the space relative to market size – using cars sold to normalize the quantity of patents provides a more direct benchmark.

Connect with me on Linkedin and let me know your thoughts on this statistic and what other kinds of stats you’d find interesting.

You can find more patent data on the top companies by viewing our Patent 300® List HERE.

 

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/.

 

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Harrity Analytics Announces Top Patent Firms of 2021

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HARRITY PATENT ANALYTICS ANNOUNCES THE TOP PATENT FIRMS OF 2021

WASHINGTON (January 20, 2022) –  Harrity Patent Analytics is excited to announce the Top Patent Firms of 2021. The list, published annually, ranks industry-leading patent law firms based on the total number of U.S. utility patents issued in the past year.

The 2021 Top Patent Firms list incorporates multiple categories of prosecution statistics, including 7 new categories, such as rank in US First Filings and rank in Foreign Priority Filings.

Fish & Richardson surpasses Oblon for the first time in list history, taking the #1 spot in both overall and US first filings. Other notable changes on the list include Kilpatrick Townsend dropping from the #7 spot to #11, and Foley & Lardner moving up from #8 to #5.  Some newcomers to the list in 2021 include Kacvinsky Daisak Bluni at #109, and Fig. 1 Patents at #282.

The Top 10 firms of 2021 in overall utility patents are:

  1. Fish & Richardson P.C. (5025)
  2. Oblon McClelland Maier & Neustadt LLP (4620)
  3. Sughrue Mion PLC (4398)
  4. Cantor Colburn LLP (3652)
  5. Foley & Lardner LLP (3416)
  6. Oliff PLC (3297)
  7. Birch Stewart Kolach & Birch LLP (3250)
  8. Knobbe Martens Olson & Bear LLP (3014)
  9. Shwegman Lundberg & Woessner P.A. (2995)
  10. Harness Dickey & Pierce PLC (2963)

 

“The differences on this year’s Top Patent Firm rankings align with what we saw on the Patent 300®, with big companies filing less patents than in previous years, and therefore the law firms doing their work obtaining less patents – likely due to budgetary restraints imposed by the ongoing pandemic. The list demonstrates which patent firms are still big players, while providing insight for both clients and firms to make strategic decisions moving forward,” states Rocky Berndsen, Head of Harrity Patent Analytics.

The Top Patent Firms list is accompanied by an interactive dashboard and includes patent firms that have obtained at least 50 U.S. utility patents where the patent firms are listed on the front of the utility patents. Company legal departments have not been eliminated from the list.  The full list is available here.

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/.

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Harrity Analytics Releases 2022 Design Patent 100 List

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HARRITY PATENT ANALYTICS RELEASES THE 2022 DESIGN PATENT 100 LIST

List ranks top 100 companies, organizations, and universities in the design patent field

WASHINGTON (January 11, 2022) – Harrity Patent Analytics has released the 2022 publication of its annual Design Patent 100 List.  The list ranks the top 100 companies, organizations and universities in the patent field based on the total number of U.S. design patents issued in the past year.  The top 10 innovators from the 2022 Design Patent 100 List include:

  1. Samsung (615)
  2. Nike (541)
  3. Apple (438)
  4. LG (220)
  5. Ford (210)
  6. Alphabet (209)
  7. MASCO Corporation (194)
  8. Tata Sons (159)
  9. Porsche (152)
  10. P&G (141)

Samsung Electronics surpassed Nike to take the #1 spot, with a 4% increase from last year. Nike dropped to the #2 position with a 22% decrease from last year.  Overall, this year’s Top 10 saw an average 1% decrease from the previous year.  Other notable changes include MASCO Corporation’s debut to the Top 10, ranking 7th with a 59% increase, and Spigen Inc, dropping off the Top 10 to #12, with a 46% decrease. Bissell Homecare had the largest increase in design patents since 2020, at 1500%.

“The Design Patent 100 List identifies the global innovation leaders obtaining design patents in the United States,” said Rocky Berndsen, Head of Analytics for Harrity & Harrity. “The data contained in the Patent 300® Dashboard, such as the Design Patent 100 List, provides invaluable information to companies, in-house counsel, marketing teams, and law firms alike because it identifies the key players in design innovation and summarizes what is happening today in the patent world.”

For detailed analytics on the Design Patent 100, visit Harrity’s Patent 300® Dashboard, the intellectual property industry’s premier resource for patent insights and competitive intelligence on the world’s leaders in technology and design innovation.  The Dashboard contains analytics on more than 6,000,000 patents, including patent portfolio analyses, detailed patent prosecution insights, technology area breakdowns, and portfolio cost and budget analytics.

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/.

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A Look at Patent 300® Companies’ Office Actions Per Patent

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HARRITY PATENT ANALYTICS: A LOOK AT PATENT 300® COMPANIES’ OFFICE ACTIONS PER PATENT

By Rocky Berndsen, Head of Harrity Analytics

One of the stats I find most interesting in the patent field is the office action per patent statistic. There can be so many reasons why this statistic could vary so greatly from company to company. Here are a few of my ideas on the factors that go into it.

1. Filing strategy / Claim breadth – some filers will fight tooth and nail for every claim, whereas, other filers are just trying to get to allowance as quickly as possible.

2. Technology area – some technology areas may be more difficult to get patents in for a number of reasons (e.g., quality prior art, large numbers of filings, patentability issues).

3. Prosecution quality – the quality of prosecution quality varies from firm to firm, and even from attorney to attorney.

4. Foreign priority – apps with foreign priority tend to have fewer office actions per patent and typically will have fewer claims.

5. Budget/Cost consideration – prosecution strategy may be impacted by budget and therefore applications that reach higher numbers of office actions or RCEs may be abandoned.

6. Continuation strategy – continuation filings will tend to have fewer office actions than original priority filings.

Below, you can see the Patent 300® Companies with the highest and lowest office actions per patent.

I’d love to hear if you have any additional thoughts on the factors that go into these OA statistics.

The official 2022 ranking of the top 300 companies, organizations and universities can be found here. You can find more information regarding prosecution statistics in the interactive Patent 300® Dashboard here.

 

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/.

 

Law 360: IBM, Samsung Keep Top Spots On Annual Patent 300® List

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Law360 publishes report based on Harrity Analytic’s annual Patent 300® List.

Law360 (January 6, 2022, 7:42 PM EST) — IBM Corp. maintained its long-running status as the top patent owner in 2021 while Samsung clocked in close behind, but patent grants to companies that notched a spot on the list highlighting the top 300 patent owners released Thursday were largely down…

Rocky Berndsen, head of patent analytics at Harrity & Harrity, told Law360 in an interview that the drops in patent grants in 2021 can be partly attributed to budget considerations spurred by the pandemic.

“Anecdotally, what we can see from this year’s list is that some companies have been more strategic with what patent applications they continued to prosecute in light of those budget considerations,” Berndsen said. “Maybe last year, or the year before, they would’ve filed or prosecuted more applications. But they decided to drop some, and so we’re seeing the results of that in this year’s list.”

But there were some companies that landed on the list for the first time, including JPMorgan Chase & Co. at 275. Berndsen said that reflects growth happening in the fintech world.

“There’s a lot of technology development in fintech, and we’re seeing a lot of that with a company like JPMorgan Chase making the list for the first time this year,” he said.

Read the full Law360 report by Britain Eakin here.

 

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 Analytics Releases 2022 Patent 300® List

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HARRITY PATENT ANALYTICS RELEASES THE 2022 PATENT 300® LIST

Top 300 innovators in the patent field ranked by patents obtained

WASHINGTON (January 6, 2022) – Harrity Patent Analytics is excited to announce the release the 2022 Patent 300® List.  The annual list ranks the top 300 companies, organizations and universities in the patent field based on the total number of U.S. utility patents issued in the past twelve months.  The top 20 players from the newly published Patent 300® List include:

  1. IBM (8540)
  2. Samsung Electronics (8517)
  3. LG Corporation (4388)
  4. Canon (3400)
  5. Huawei (2955)
  6. Intel (2835)
  7. TSMC (2807)
  8. Toyota (2753)
  9. Raytheon Technologies (2694)
  10. Sony (2624)
  11. Apple (2591)
  12. Microsoft (2453)
  13. Qualcomm (2165)
  14. BOE Technology (2141)
  15. Amazon (2110)
  16. Dell Technologies (2053)
  17. Alphabet (2015)
  18. Micron (1798)
  19. Panasonic (1715)
  20. Ford (1675)

 

IBM maintains the top spot in the list despite a significant drop in total patents with their spin-off of Kyndryl.  Notably, TSMC, Qualcomm, and Micron moved up the list, whereas Microsoft and Raytheon Technologies moved lower.  The biggest overall change in the list is the fact that total patents obtained by the Patent 300® was 22,358 fewer in 2021 than in 2020.  The list accounts for 54 percent of the more than 340,000 U.S. patents issued in 2021.

“The Patent 300® list, year after year, provides a barometer for the most innovative companies in the world”, says Rocky Berndsen, Head of Patent Analytics at Harrity & Harrity.  “You can really see who is innovating in dozens of different industries and also see who the up-and-coming technology companies are”.

Harrity Patent Analytics additionally offers the Patent 300® Dashboard for more detailed analytics on the Patent 300® List.  The dashboard is the intellectual property industry’s premier resource for patent insights and competitive intelligence on the world’s leaders in technology, containing analytics on more than 6,000,000 patents, including patent portfolio analyses, detailed patent prosecution insights, technology area breakdowns, and portfolio cost and budget analytics.

The Patent 300® Dashboard provides in-house counsel, law firm partners, marketing teams, 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 #108) and Johns Hopkins University (ranked #276), to newcomers including Kyndryl (ranked #117) and Snowflake (ranked #276).

The official 2022 ranking of the top 300 companies, organizations and universities can be found here.

 

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/.

 

Perfecting Your Prosecution Strategy with Patentprufer

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Eli Mazour leads Harrity’s patent prosecution team, developing and implementing best practices for managing workflow and creating innovative, data-driven patent prosecution strategies which allow him to reach favorable results at the USPTO. Eli has been using Patentprufer, the world’s first community-based examiner analytics tool, since its inception to help him reach agreements with USPTO patent examiners for our clients most important applications.

In “Perfecting Your Prosecution Strategy with Patentprufer”, Eli demonstrates some of the most valuable features of this tool and shows how to efficiently use examiner analytics in your patent prosecution strategy.

You can watch the full webinar below.

 

Register for Patentprufer, the world’s first community-based USPTO examiner decision-making tool, for free through the end of the year. Visit patentprufer.com to get started!

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Harrity Named in Top 10 for Patent Bots Quality Scores

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Harrity & Harrity has been named in the Top 10 for Patent Bots Quality Scores for the second consecutive year. Harrity received top scores in the following categories:

#2 of Firms with 500+ Patents Issued (96.2)
#1 Tech Center 2100 (100.0)
#1 Tech Center 2400 (99.5)
#1 Tech Center 3600 (99.5)
#3 Tech Center 2600 (99.6)
#6 Overall (96.2)

Click HERE to learn more.

 

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John Harrity Named ‘Patents Lawyer of the Year in Virginia’

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John Harrity has been named ‘Patents Lawyer of the Year in Virginia’ in the 2021 Corporate INTL Magazine Global Awards.

Corporate INTL’s annual awards mark excellence in expertise and service for the world’s leading advisers and financiers in an array of countries and continents around the globe.  According to the magazine, 2021 is the largest awards since its inception in 2008, with more nominations received than ever before.

The awards commemorate those who have been successful over the past 12 months and who have shown excellence not only in expertise but in service.

Click HERE to learn more.

 

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Harrity Named Top Patent Firm by Juristat

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Harrity & Harrity has been named a Top Firm of 2020 by Juristat in their annual patent firm rankings by technology area. Harrity ranked #3 in Tech Center 2400 and #19 in Tech Center 2800.

According to Juristat, rankings consider both volume and performance in specific technology centers and are based on how well a firm performed in three key metrics over a 12-month period. These metrics are:

  • Number of applications filed
  • Allowance rate
  • Average number of office actions before allowance

This analysis was conducted between November 2020 and January 2021, and analyzed public applications disposed (or in the case of the first metric, applications filed) between January 1, 2018, and December 31, 2018. To qualify for inclusion, a firm must have filed a minimum of 100 applications in the tech center during that time period. This ensures the firm has extensive experience in that technology center and provides an appropriate-sized dataset the evaluate performance metrics. For our analysis, we attributed applications to the firm listed on the application at the time of disposition. We also excluded foreign priority applications and design applications from this analysis.

Click HERE to learn more.

 

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2020 Top Patent Firms List Announced

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WASHINGTON (January 15, 2021) –  Harrity Patent Analytics is pleased to announce the release of the 2020 Top Patent Firms list. The list, published annually, ranks industry-leading patent law firms based on the total number of U.S. utility patents issued in the past year and contains exclusive prosecution metrics. 

The 2020 Top Patent Firms list incorporates notable differences from last year’s rankings, including the year-over-year change in the quantity of patents firms obtained from 2019 to 2020.  Rocky Berndsen, Head of Patent Analytics, says of these changes, “You can see which patent firms are making big moves up and down in our field.  The impact of a firm merger or one or more partners leaving a firm can be seen in the data.  Law firms and companies are using the prosecution data from last year’s patents to make strategic decisions in their practice”.

The Top Patent Firms list is accompanied by an interactive dashboard and includes patent firms that have obtained at least 50 U.S. utility patents where the patent firms are listed on the front of the utility patents. Company legal departments have not been eliminated from the list.  The full list is available here.

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/. 

 

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The Importance of Patent Analytics for Your Business Strategy

Articles, Patent Analytics , , , , , , , ,

When a company or organization launches a new product, a patent is usually the first published evidence of the invention in the public domain. Patents are essential protections for any innovation-driven company that has a substantial Intellectual Property Rights (IPR) culture.

A patent protects the right of the inventor company to use their product, thereby preventing others from using the invention. Today, patents have become critical factors for businesses to get an edge over their competitors. Patent analytic tools are being used by organizations for various purposes, including development of sound business strategy.

How Does Patent Analytics Help Businesses?

Patent analysis helps businesses in many areas, both internally and externally. For instance, internal patent analytics helps organizations assess their own patent portfolio.

Further, it can assist in SWOT (strengths, weaknesses, opportunities, and threats) analysis. With patent analytics, companies can make informed decisions regarding licensing and acquisition of advanced technologies.

External analytics, on the other hand, provides information about competitors and the technologies they use.

Let’s discuss the benefits of patent analytics for business strategies in detail.

1.     Portfolio Analytics

To stand out amongst the competition, you must understand your organization’s patent portfolio. Analyzing your company’s portfolio reveals valuable insights; you get a clear picture of your strengths and weaknesses. Doing so allows you to make well-informed business decisions.

2.     Competitor Analytics

Another advantage of patent analysis is that it allows you to compare your own patent portfolio to those of competitors. Competitor analytics offers valuable insight into competitor business strategies and partnerships.  Patent analytics helps you understand what is working for your competitors and what mistakes you should avoid.

3.     Technology Analytics

Analytics tools keep you up to date on where your business and competitors stand in the dynamic landscape of technology. This information allows you to make better decisions regarding portfolio management and fosters stronger client relationships.

Field-relevant technology know-how helps identify market needs. Patent analysis provides researchers and inventors with valuable technological information needed to find innovative solutions to technical problems.

Additionally, patent analytics helps with licensing, mergers, and acquisitions. Patent data can provide a comprehensive, technical portfolio view for technologies and companies in consideration for licensing or acquisition and helps shorten the list of choices.

4.     Cost and Budget Analytics

Budgeting and wise resource-management is crucial to strong business strategy. Analytics provide detailed information on costs occurred during patent prosecution and maintenance periods. This information helps identify problems, cut costs, and spend your budget efficiently.

5.     Automated Portfolio Categorization

Patent portfolio categorization dashboards, such as those created by Harrity Analytics, are automated systems that categorize patent portfolios according to your business’s self-determined technology areas.  These tools can additionally perform a competitive analysis of the key players in your niche industry areas.

Final Words

Whether you are starting a new business, developing a new product, pitching a new client, planning a merger, or just trying to stay ahead of the competition, patent analytics is crucial to ensuring you are on the right track and building a sound business strategy.

Harrity Patent Analytics services can help you manage your patent profile, gain insight into your competitors’ portfolios, and understand patent trends around the world.  Harrity Patent Analytics can help you make patent prosecution decisions and refine your business strategy.  To view a list of Harrity Patent Analytics services or request your own customized reports, visit https://harrityllp.com/services/patent-analytics/.

 

About Harrity Patent Analytics

Harrity Patent Analytics, a team of professionals within the boutique IP law firm of Harrity & Harrity, LLP, uses cutting-edge capabilities to analyze patent data and extract insights for strategic decisions regarding patent portfolios.  Patent 300® companies rely on Harrity Patent Analytics services to better understand their own patent portfolios, those of their competitors, their key technology areas, and to keep track of patent office trends around the world.  For more information, visit harrityllp.com/services/patent-analytics.

 

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Patent 300® Report Ranks Most Innovative Companies

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WASHINGTON (February 13, 2020) Harrity Patent Analytics has released the much-anticipated publication of the annual Patent 300®.  The Patent 300® is a distinctive compilation of the top 300 companies, organizations, and universities in the patent field, based on quantities of issued U.S. utility patents.  It is considered the intellectual property industry’s premier resource for patent insight and competitive intelligence on the world’s leaders in technology.

Ranging from tech giants, such as IBM (#1) and Samsung (#2), to leading universities, like University of California (#67) and MIT (#121), and newcomers, including Nielsen (#207) and Pure Storage (#341), the Patent 300® represents 54 percent of the more than 350,000 U.S. utility patents issued in 2019.

Key findings and trends from the Patent 300® include:

  • A few notable mergers and divestitures occurred among Patent 300® companies in 2019:
    • IBM acquired Red Hat, further securing their place at the top of the list
    • Broadcom (#83) acquired CA, Inc., jumping from #118 last year to #83
    • Commscope (#89) acquired Arris, boosting them from #133 last year to #89
    • DowDuPont, #38 on the previous Patent 300® list, split into Dow (#96), DuPont (not ranked), and Corteva (#92)
  • Capital One (#79) jumped 127 spots on the list, more than tripling their issued patents from the previous year
  • 27 previously unranked organizations joined the Patent 300®, including Bristol Myers Squibb (#150), Tata Sons (#264), and Splunk (#269)
  • 20 previously ranked organizations dropped off the list, including Uber, Nintendo, and Symantec

This year’s Patent 300® includes an interactive dashboard in which users can filter data by technology area, art unit, and more.  The addition of this feature will allow in-house counsel, law firm partners, marketing professionals, and c-suite executives to quickly generate insight into patent portfolios, competitors, and technology areas.

“The interactive Patent 300® dashboard is an exciting new addition to the Patent 300® this year”, says Rocky Berndsen, Head of Patent Analytics at Harrity.  “This tool gives you the ability to easily find detailed patent prosecution metrics on thousands of companies and law firms with a few clicks of the mouse.”

The ranking of the top 300 companies, organizations and universities and interactive dashboard can be found HERE.

Access to the Patent 300® Premium Interactive Dashboard is available upon request.

About Harrity Patent Analytics

Harrity Patent Analytics, a team of professionals within the boutique IP law firm of Harrity & Harrity, LLP, uses cutting-edge capabilities to analyze patent data and extract insights for strategic decisions regarding patent portfolios.  Patent 300® companies rely on Harrity Patent Analytics services to better understand their own patent portfolios, those of their competitors, their key technology areas, and to keep track of patent office trends around the world.  For more information, visit harrityllp.com/services/patent-analytics.

 

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2019 Top Patent Firms List Announced

Firm News, Patent Analytics , , , , , ,

WASHINGTON (January 14, 2020) – Harrity Patent Analytics is pleased to announce the publication of its annual list of top patent law firms.  The “2019 Top Patent Firms” list ranks industry leading patent law firms based on the total number of U.S. utility patents issued in 2019. 

The 2019 Top Patent Firms list comes with some significant changes from years prior, including an interactive dashboard and exclusive metrics.  “We have collected and analyzed data on more than 300,000 patents obtained by over 3000 different law firms, which we have turned into an interactive online dashboard that allows users to filter data by firm, technology area, and USPTO technology center.  This gives both patent law firms and Patent 300™ companies a better understanding of who is obtaining the most patents in the U.S.,” explains Rocky Berndsen, Head of Patent Analytics at Harrity.  “We are also offering premium analytics that delve deeper into detailed patent prosecution metrics, giving law firms and Patent 300™ companies more insights into the robust analytics of specific law firms.” 

The Top Patent Firms dashboard includes patent firms that have obtained at least 50 U.S. utility patents where the patent firms are listed on the front of the utility patents. Company legal departments have not been eliminated from the list.  The full list is available here.

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/. 

 

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Getting To Know Your Patent Examiner Through Data

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Law360 (June 13, 2019) — How many office actions should I expect at the U.S. Patent and Trademark Office? Should I file a request for continued examination 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, these were mostly questions that could not be answered by taking into account unique proclivities of different examiners. Now, using data analytics, we can get a better sense of how prosecution will go and be able to make an informed decision when a crossroad is reached.

Below, we will explore how to use public data about an examiner, provided by the USPTO, during patent prosecution.

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.

However, if the examiner’s allowance rate is low, you may want to consider including substantial amendments or anticipate the possible need to file an appeal as these types of examiners tend to combine three, four, or even five-plus references in their art rejections. If the allowance rate in the art unit is significantly higher than the examiner’s allowance rate, you may want to consider getting the examiner’s supervisor or a primary examiner in the art unit involved early in the process as it may be easier to reach an agreement with them than with the assigned examiner.

Office Actions Per Patent, RCEs Per Patent

A high office action per patent and/or RCE per patent rate may be an indication that reaching allowability will be challenging. These types of examiners also are likely unafraid to combine three, four or five-plus references to make their art rejections. Similar to examiners with low allowance rates, you may want to consider including substantial amendments, getting the supervisory examiner or a primary examiner involved, or planning to file an appeal. You may even want to check the supervisory examiner’s and primary examiner’s allowance rates when deciding whether to get one of them involved.

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 a chance to explain the invention.

A high interview success rate (i.e. the rate that interviews lead to an allowance in the next office action) may be an indicator that the examiner uses interviews for compact prosecution. These examiners are likely willing to provide suggestions for amendments that would lead to allowance or at least advance prosecution. For these types of examiners, you may want to be prepared to discuss multiple, different types of amendments to take advantage of their willingness to expedite prosecution. However, 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 an examiner’s final rejection allowance rate with After Final Consideration Pilot and his/her final rejection allowance rate without AFCP may be an indicator of whether the examiner takes the AFCP program seriously. If there is a significant difference with those rates, the examiner likely uses the allocated two to three hours in the AFCP program to find a way to allow the application. For these types of examiners, consider filing an after-final amendment with an AFCP request before deciding whether to file an RCE or a notice of appeal. 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 the examiner, the examiner’s SPE, and other panel members in the examiner’s art unit take the pre-appeals process seriously and that it is worth presenting arguments in a pre-appeal brief. However, a low rate of allowance and a low rate of reopening of prosecution after pre-appeal may indicate that it would be better to forego the pre-appeal process and go straight to appeal or go another round with an RCE.

Appeal Statistics

Analyzing an examiner’s appeal statistics may be useful in determining whether to file an appeal or an RCE. If the examiner’s rate of allowance after an appeal is filed is high, it may be worth appealing rather than filing an RCE and avoid narrowing claims unnecessarily. However, if the examiner’s rate of allowance after appeal is low, it is highly likely that your appeal will go to the Patent Trial and Appeal Board.

Since it may take a couple of years for the PTAB to pick up your appeal due to their backlog, you may want to make certain that your client is comfortable with going through with the appeals process and waiting rather than filing an RCE and possibly reaching an agreement with the examiner earlier. For these types of examiners, you may want to consider the examiner’s allowance rate and RCEs per patent rate to help you and your client in making this decision.

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 his/her 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, examiner analytics has the potential to improve the efficiency of patent practitioners and patent prosecution. Therefore, using examiner data in your practice may lead to better, quicker and cheaper outcomes for you clients.

By Kris Rhu

The example screenshots in this article are from Patentprufer, which was developed by Harrity & Harrity.

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