Paul has a passion for patent analytics and understands the benefits of using patent analytics to guide patent prosecution activities. File an RCE and work on reaching a compromise with the examiner. I personally find patent examiner statistics enormously valuable in my practice. The outcome of a pre-appeal conference (proceed to appeal, prosecution reopened, or claims allowed). Received a first office action with a poorly reasoned rejection of all claims. You don't even need to go to PAIR! Sharable Patent Prosecution Analytics reports are available for all published US patents and applications. Our grant rate is based on a timeline of dispositions of applications. Afterwards, you'll need a. I'll walk through the different parts of our statistics pages and explain why we included each part and how it can help you. In 2012, the Patent and Trademark Office hired the most employees titled Patent Examining, with an average salary of $105,303.. Government Patent Examining jobs are classified under the General Schedule (GS) payscale. See a scatter plots of examiners according to grant rate. We also show you is a summary of information about the examiner. Patent Application United States Patent and Trademark Office, Patent Application No. As in-house counsel, your priorities are to develop a high quality patent portfolio for your company while staying within the company'... We are excited to announce PatentPlex Patent Analyzer! Analyzing an examiner’s appeal statistics may be useful in determining whether to file an appeal or an RCE. Appeal early. For some examiners, however, you'll see that the number of grants and abandonments can decrease over time. For an easier examiner, you can be less inclined to amend claims and instead argue for allowance of as-filed claims. . The Master is a patent examiner with a low grant rate but who is also exceptionally good at his or her job. The combination of examiner grant rate and appeal outcomes are a very helpful combination in making appeal decisions. For fully briefed appeals, the PTAB decision (examiner affirmed, affirmed in part, or reversed). One commonly used examiner statistic is an examiner’s allowance rate. Patent Examiner Statistics. We filed a response without amending claims because the rejection was poorly reasoned. What Do Your Patent Examiner’s Statistics Say About You? Grant Rate. We have another blog post that explains. The examiner has a "medium" difficulty rating (59th percentile). Examiner Grant Rate. I find that engaging with the examiner is very helpful in preventing misunderstandings and overcoming disagreements about the scope of the claims and the prior art. began working at the Patent and Trademark Office in 2011 with a starting salary of $79,217. Allowance Statistics Interview Statistics Comments Appeal Statistics Delay Statistics; ... Paul has over twenty-five years of experience in the patent field, starting his career as a Patent Examiner. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. I'll be more likely to appeal for an examiner who grants claims before it reaches the board than for an examiner who is frequently reversed by the board since the claims will be allowed much faster and you don't need to wait for the board decision. It should surprise no one that I think examiner statistics are useful (otherwise why would I waste time blogging about them or building BigPatentData Examiner Statistics).But thinking they are useful 1 is a far cry from thinking they are some sort of silver bullet (the werewolf killing kind, not the “hmm, this rocky mountain water tastes a little bit like beer” kind). To make it easier to determine if an appeal would be appropriate for your application, PatentAdvisor has a diverse array of statistics detailing the many different appeal outcomes for applications assigned to your examiner. 2,953. Grant Rate. patent examiner who theoretically applies the standards of patentability in an even, fair, unbiased and consistent manner. The average is 68% and the standard deviation is 20%. The last two tabs relating to appeals are only available with our Premium Statistics subscription. The most common payscale was the general schedule payscale.. Most patent examiners start with the USPTO as a GS-7 or GS-9. Disclaimer: We do not provide any guarantees as to the accuracy of the statistics presented above and under no circumstances will we be liable for any outcome resulting from your reliance on the above statistics. For each type, I include details of an actual patent examiner from Patent Bots examiner statistics. Patent Examiner was the 39th most popular job in the U.S. Government in 2012, with 8,294 employed. Although examiner statistics can be useful, each patent application is unique and must stand on its own merits. Received a final office action with poorly reasoned arguments. The examiner may have less experience, grant less than 15 applications per year on average, or have a high backlog of pending cases. Browse the USPTO hierarchy of tech centers, groups, and art units. Patent research tools to make you a smarter, more-efficient patent prosecutor. In this tab, we show you a "grant rate timeline" for your examiner. Examiner Statistics Obtain broader patents for your clients, in less time, and at lower cost. I don't understand how this happens, but I suppose some examiners don't like to do interviews and they actively avoid it. Patent Bots enables me to show my clients the likelihood of getting applications allowed given the assigned examiner. Our current dataset is all utility patent applications filed in 2010 or later. The grant rate and difficulty ranking are useful because it gives you the big picture of what you are up against. 10971629 Examiner Jill M Gray , presiding No tags have been applied so far. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. First, it provides a very clear way to set expectations with your client. The overall outcome of the appeal (at least 1 claim granted, all claims rejected, or prosecution reopened). We hope found this guide to Patent Bots examiner statistics helpful, and that you are also able to use our statistics to get better outcomes for your clients. The accompanying annual salary for that GS range is $57,071 to $86,601. In this blog post, I provide a guide that you can use to g... firm-wide subscription to our Premium Statistics, the advantages of our 3-year grant rate over a conventional grant rate, 5 different types of examiners based on their grant-rate timeline: the master, the ideologue, the decider, the negotiator, and the granter. Considering all examiners who have examined at least 100 applications in the past 3 years, the average allowance rate is 75%, and the median allowance rate is 79%. Second, the grant-rate timeline concisely summarizes a lot of information about examiner behavior. We have a page for each patent examiner with grant rates, difficulty rankings, appeals statistics, and more. Yellow = ETA of 2.6-5.9, indicating mediocre prosecution length. An examiner with a high grant rate who is often affirmed on appeal. This task requires the examiner to not only be ... A. At a high level, the grant rate is the most important statistic. In my practice, I just about always interview the examiner after each office action. Office Actions generally don't have the email address and location of the examiner. We compute what we call a "3-year" grant rate, which is the percentage of the examiner's applications that are granted at 3 years after the first office action. If you have a hard examiner, like this one, you can tell your client that they have a 16% chance of getting an issued patent in 3 years. Patent allowance rates vary between art units. That is because the size of the data set is shrinking. General workload statistics relating to patent examiner staffing may be viewed in workload table 28 of the Commissioner of Patents and Trademarks Annual Reports / Performance and Accountability Reports. Some allow over 90% of patent applications filed, while other art units allow fewer than 10 percent of applications filed. An examiner with a low grant rate who is often affirmed on appeal. The average is 68 % and the standard deviation is 20 %. First, it provides a very clear way to set expectations with your client. Examiner Search allows you to search by examiner name for a filterable, examiner specific dashboard of patent analytics, including rejection specific statistics, appeal statistics, prosecution statistics, interview statistics, a backlog of RCEs and timeline. Figure 1. Fiscal Year Patent Statistics Data for October 1 through September 30, as represented in the USPTO Performance and Accountability Reports / Commissioner of Patents … For example, claims may be allowed for two reasons: (1) an examiner may be reversed by the board or (2) the examiner may change his or her mind and allow claims before the appeal goes to the board. We receive a notice of allowance that allowed all of the as-filed claims. For these examiners, you may be better off not requesting an interview. Juristat’s workflow automation solutions take care of the most tedious tasks associated with patent prosecution – all without you or your staff lifting a finger. In this tab, we show a count of granted and abandoned cases for an examiner over the past 6 years. We love hearing from our users. Best option may be to abandon or file a continuation and hope you get a different examiner. Count. 0%. This examiner is a great example. The first time you login to Patent Bots you will get a 2-week trial, and that will allow you to see all of our statistics at no charge. I find it useful to know if my examiner is much harder or easier than the art unit average. In the appeals statistics tab, we show statistics for three events: Here are example statistics for the overall outcome of appeals. For a harder examiner, you can set client expectations, be more prepared to amend claims, and spend more time on quality arguments. To put the examiner's grant rate in perspective, we rank all of the examiners at the USPTO according to their grant rate and show you the examiner's percentile. The example timeline here is for the entire USPTO, and we also have timelines for each examiner. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Here is an example grant rate timeline for a Master: This grant rate timeline shows the percentage of cases that are allowed (green), pending (yellow), and abandoned (red) at each month after the first office action. Interview benefit stats were positive so we interviewed the examiner. Analytics describing what happens at the U.S. patent office have been on the market for almost a decade, most commonly in the form of examiner statistics. Please contact us if you have any suggestions for improving this guide or our examiner statistics. I like the grant-rate timeline for two reasons. There have been reports of practitioners bringing up an examiner’s low allowance rate during an examiner interview, which has been suggested to be an improper attempt to influence the examiner outside the merits of the application. Below is the grant rate timeline for USPTO, where the timeline is relative to the date of the first office action. PatentAdvisor™ Examiner Reports allow you to dive deep into examiner statistics to quickly visualize the context of past behavioral patterns: Allowance rates: Examiner allowance rates in relation to overall art unit and other examiners within that art unit Build a clear understanding about your USPTO examiner . The most common payscale was the general schedule payscale.. Count. This Master has allowed only 2.5% of a… With this information, you may be more likely to file an RCE rather than a notice of appeal. Accordingly, you may be better off skipping the interview! The examiner has a high difficulty rating (he is "very hard"), but over the last two years he is granting many more cases than he did before. Stop wasting valuable time and resources preparing office action responses or IDS filings. Any patent attorney knows that the behavior of patent examiners can vary greatly. With Examiner Abel, you have a 7% chance of getting an issued patent by 3 years after the first office action. In 2004, the Patent and Trademark Office hired the most employees titled Patent Examining, with an average salary of $85,143.. Government Patent Examining jobs are classified under the General Schedule (GS) payscale. For this examiner, however, her grant rate is 30% over cases without any interviews and is 22% over cases with at least one interview. This gives us plenty of data for computing 3-year grant rates but also allows us to focus on more recent data in case an examiner's behavoir changes over time. (Note that the OA Rejections column is only available with our Premium Statistics subscription.) In 2018, the Patent and Trademark Office hired the most employees titled Patent Examining, with an average salary of $124,676.. Government Patent Examining jobs are classified under the General Schedule (GS) payscale. Examiner calls us and offers us a very narrow dependent claim. International Patent Statistics and Data Resources IP5 Statistical Reports and Data The Five IP Offices (IP5) is the name given to a forum of the five largest intellectual property offices in the world that has been established to improve the efficiency of the examination process for patents worldwide. An examiner with a low grant rate who is often reversed on appeal. Patent Analyzer -- The easiest way to review a U.S. patent. 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. We work hard to provide you with the information you need, but also try not to overwhelm you with statistics that you don't care about. We make this process easier for you in two ways. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. A patent examiner (or, historically, a patent clerk) is an employee, usually a civil servant with a scientific or engineering background, working at a patent office.Major employers of patent examiners are the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), and other patent offices around the world. We have another blog post where we summarize. Ariel J. Yu is a GS-14 under the general schedule payscale. Histogram of Examiner Grant Rates. … We also show you the contact information and location of the examiner to help you schedule interviews. Appeal Statistics. Does my outside patent counsel care about me? Putting all of the above together, here is a sequence of events for a patent that I recently obtained for a client: Patent Bots examiner statistics helped us get broader claims allowed, get the claims allowed more quickly, and also reduce the costs of prosecution. Not surprisingly, for almost all examiners, the grant rate goes up when you do an interview. In this tab, we also provide a bar chart that compares your examiner's grant rate to his or her art unit and the USPTO average. From the examiner's tenure and GS level, it appears he was recently promoted to primary examiner. For more information, visit www.opm.gov (keyword: pay). We decline the offer. Patent Office Statistics The USPTO is a robust office with commensurate fundingandemployees. First, for each case, we show you a list of office actions and the rejections contained in each one. The average is 68 % and the standard deviation is 20 %. Patent Examiner was the 35th most popular job in the U.S. Government in 2018, with 8,461 employed. Masters are able to find good prior art for just about every patent application that comes across their desk, and they thus have high affirmance rates on appeal. It’s no longer news that there is significant outcome variability at the USPTO, and that it’s largely driven by which patent examiner your application is assigned. This examiner is in the 92nd percentile (harder than 92% of examiners) and this makes him an "extremely hard" examiner. To compare exmainers, we use the 3-year grant rate (3YGR), which is the percentage of applications granted by 3-years after the first office action. The most common payscale was the general schedule payscale.. Streamline your most tedious tasks . Patent Examiner was the 73rd most popular job in the U.S. Government in 2004, with 3,982 employed. That said, there are some examiners you may not want to interview, such as this one. In 2018, Ariel J. Yu was a Patent Examiner at the Patent and Trademark Office in San Gabriel, California. For large enough data sets, the percentage of grants and abandonments will be always increasing over time. Maybe even after the first final office action. Appeal stats showed high chance of success on appeal and appeal history showed that the examiner frequently grants claims before writing his answering brief. Start typing your examiner's name in the box below, and we'll show you examiners with matching names. Lookup patent examiner statistics, search PAIR/PTAB files, and retrieve patent pdfs and info. In this article, I describe 5 different types of patent examiners and suggest prosecution strategies for each to help you get better outcomes for your clients. Data for January 1 through December 31, developed by the USPTO Patent Technology Monitoring Team. The examiner has average experience and grants between 15-150 applications per year, on average. This shows you how likely you are to get a patent and also when you are likely to get it. We give many of our statistics away for free, and we also have a Premium Statistics subscription for some of our more advanced statistics. Examiner Staffing. Full Access to the Prosecution Knowledge Base -- full-text search of over 200,000 (and growing) PAIR and PTAB files; Pre-release access to new features; The satisfaction of helping to make patent data more accessible to organizations of all types and sizes Juristat’s Examiner Reports and Examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner basis. Second, we have a button to take you directly to our PatentPlex image file wrapper page (separate subscription for this too) where you can directly download the office actions and responses that you are interested in. My personal opinion is that if an applicant receives a patent from an Examiner with a 99% allowance rate, the patent is most likely not worth the paper it is … Examiner Grant Rate. For example, if the examiner is much harder, I might get more sympathy from a supervisor or I may have a better chance of success with a pre-appeal conference request. If you have a hard examiner, like this one, you can tell your client that they have a 16% chance of getting an issued patent in 3 years. Whenmyfirststudywasconducted Appeal Statistics Filing an appeal is a big decision. The highest allowance rate seen in the wild is 99% shared by 10 examiners. To evaluate the benefit of an examiner, we compute two grant rates: (1) a grant rate over cases that had no applicant-requested interviews and (2) a grant rate over cases with at least one applicant-requested interview. This saves you time because you can go directly to office actions that have the rejection you are facing. The examiner statistics are helpful for managing client expectations. The three-year grant rate is the percentage of applications granted at three years after the first office action. Second, the grant-rate timeline concisely summarizes a lot … In a vacuum, an examiner’s allowance rate (e.g., 70%) may not provide actionable information, since it … The grant rate is our metric for comparing examiner difficulty. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. On this tab, we also show 20 of the examiner's recent cases that were granted or abandoned. Advanced Examiner Statistics; Share Examiner Statistics with Others (New!) Chad Gilles November 4, 2019 Uncategorized In my last post I looked at how one patent examiner statistic — what I termed RCE allowance rate differential — can help inform whether… Examiner Abel is an extremely hard examiner and in the 96th percentile across all examiners (with 100th percentile most difficult). 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