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?
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