Examiner Analytics Helpful but not Definitive
We just completed Episode 4 of our patent analytics webinar series. In this webinar we explored the use of examiner analytics to assist in making prosecution decisions. Some of the takeaways were:
- Many examiner analytics are driven more by case assignment and art unit influences than the examiner.
- Analytics are helpful to ballpark the likelihood of success of any random application filed in an art unit, but are not capable of predicting how any one case is going to treated.
- It can be difficult to differentiate between statistics that are driven by supervisory control vs an individual examiner, or driven by PTO policy or law, and thus cannot be ascribed to any one examiner.
- Good use cases are making decisions on whether to file an RCE or appeal, and educating a client on the overall probabilities of getting a case allowed, the usefulness of an interview, and other such things.
- Another use case is to identify outlier examiners that may be particularly difficult to gain an allowance from.
For the full webinar, you can find it here:
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