- Ever wonder if you have been “blessed” with a difficult Examiner?
- Wondered if your issue in a case has been successfully resolved in another case?
- Wondered if your competitors are having the same issues before the United States Patent & Trademark Office (USPTO) as you?
- Wondered how many cases your competitor has filed?
- Wondered if statistically your chances of appeal on a certain issue or from a certain Examiner would support proceeding?
These are just some of the questions we can now answer for our clients with Juristat software. This new software uses analytics from the USPTO to aggregate everything from specific rejections (101, Myriad), to specific Examiners, to allowance rates, to average time to allowance, rates of allowance, etc.
In one case, we found that an Examiner’s allowance rate went from 62% to 89% after an interview. We successfully interviewed the case and received an allowance. In other situations, we have found that certain Examiners almost always allow after three rounds of prosecution. We can even look up an Examiner’s similar rejections in other cases to see what arguments were found persuasive to the Examiner, or if the Examiner has been reversed on appeal. We can review any competitor’s applications, allowance rates, filing data, arguments used, etc.
This sort of statistical data provides a powerful piece of information that we can combine with our own expertise and experience to give MVS clients a competitive advantage at the USPTO. We can offer strategic and statistically-proven advice on strategy, cost management, and successful legal arguments. Using the software on our own firm, we learned that MVS has a 91% allowance rate at the USPTO over the last 10 years!