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

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

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

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

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.

Harrity Named #1 for Patent Bots Quality Scores

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.

 

Track One Filings on Faster Track?

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

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

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

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!

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/.

 

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

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/.

 

Harrity Analytics Announces Top Patent Firms of 2021

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

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

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

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

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

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 Patentprufer to your prosecution advantage.

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!

Harrity Named in Top 10 for Patent Bots Quality Scores

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.

 

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

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.

 

Harrity Named Top Patent Firm by Juristat

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.

 

2020 Top Patent Firms List Announced

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/. 

 

The Importance of Patent Analytics for Your Business Strategy

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.

 

Patent 300® Report Ranks Most Innovative Companies

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.

 

top patent firms

2019 Top Patent Firms List Announced

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/. 

 

Getting To Know Your Patent Examiner Through Data

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.