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. Sharable Patent Prosecution Analytics reports are available for all published US patents and applications. First, it provides a very clear way to set expectations with your client. 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. Examiner Grant Rate. The three-year grant rate is the percentage of applications granted at three years after the first office action. 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… Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. 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. We decline the offer. 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. We love hearing from our users. The overall outcome of the appeal (at least 1 claim granted, all claims rejected, or prosecution reopened). In this tab, we show you a "grant rate timeline" for your examiner. An examiner with a low grant rate who is often affirmed on appeal. The most common payscale was the general schedule payscale.. … Fiscal Year Patent Statistics Data for October 1 through September 30, as represented in the USPTO Performance and Accountability Reports / Commissioner of Patents … Our grant rate is based on a timeline of dispositions of applications. 0%. Does my outside patent counsel care about me? The examiner has average experience and grants between 15-150 applications per year, on average. Patent research tools to make you a smarter, more-efficient patent prosecutor. This examiner is a great example. The combination of examiner grant rate and appeal outcomes are a very helpful combination in making appeal decisions. began working at the Patent and Trademark Office in 2011 with a starting salary of $79,217. Appeal Statistics Filing an appeal is a big decision. First, it provides a very clear way to set expectations with your client. Although examiner statistics can be useful, each patent application is unique and must stand on its own merits. Paul has a passion for patent analytics and understands the benefits of using patent analytics to guide patent prosecution activities. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. The grant rate is our metric for comparing examiner difficulty. 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. Received a final office action with poorly reasoned arguments. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. 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. 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. In a vacuum, an examiner’s allowance rate (e.g., 70%) may not provide actionable information, since it … First, for each case, we show you a list of office actions and the rejections contained in each one. Juristat’s Examiner Reports and Examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner basis. 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. Below is the grant rate timeline for USPTO, where the timeline is relative to the date of the first office action. 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. 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. File an RCE and work on reaching a compromise with the examiner. An examiner with a high grant rate who is often affirmed on appeal. This examiner is in the 92nd percentile (harder than 92% of examiners) and this makes him an "extremely hard" examiner. Build a clear understanding about your USPTO examiner . The average is 68 % and the standard deviation is 20 %. That said, there are some examiners you may not want to interview, such as this one. 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. Any patent attorney knows that the behavior of patent examiners can vary greatly. In this tab, we show a count of granted and abandoned cases for an examiner over the past 6 years. Examiner Staffing. Patent Bots enables me to show my clients the likelihood of getting applications allowed given the assigned examiner. 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. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Maybe even after the first final office action. This task requires the examiner to not only be ... A. 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. One commonly used examiner statistic is an examiner’s allowance rate. From the examiner's tenure and GS level, it appears he was recently promoted to primary examiner. Grant Rate. Examiner Abel is an extremely hard examiner and in the 96th percentile across all examiners (with 100th percentile most difficult). Interview benefit stats were positive so we interviewed the examiner. The last two tabs relating to appeals are only available with our Premium Statistics subscription. See a scatter plots of examiners according to grant rate. 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. 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. 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 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). The most common payscale was the general schedule payscale.. At a high level, the grant rate is the most important statistic. Patent Examiner Statistics. 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%. 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. 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. 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. Here are a few examples: In the appeals history tab, we show a list of all the examiner's appeals along with a brief docket of appeal events. On this tab, we also show 20 of the examiner's recent cases that were granted or abandoned. 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 We receive a notice of allowance that allowed all of the as-filed claims. Start typing your examiner's name in the box below, and we'll show you examiners with matching names. Second, the grant-rate timeline concisely summarizes a lot … Appeal stats showed high chance of success on appeal and appeal history showed that the examiner frequently grants claims before writing his answering brief. Data for January 1 through December 31, developed by the USPTO Patent Technology Monitoring Team. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Best option may be to abandon or file a continuation and hope you get a different examiner. Most patent examiners start with the USPTO as a GS-7 or GS-9. We have another blog post where we summarize. 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. 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. Received a first office action with a poorly reasoned rejection of all claims. Second, the grant-rate timeline concisely summarizes a lot of information about examiner behavior. For large enough data sets, the percentage of grants and abandonments will be always increasing over time. Whenmyfirststudywasconducted For an easier examiner, you can be less inclined to amend claims and instead argue for allowance of as-filed claims. With Examiner Abel, you have a 7% chance of getting an issued patent by 3 years after the first office action. Histogram of Examiner Grant Rates. (Note that the OA Rejections column is only available with our Premium Statistics subscription.) In my practice, I just about always interview the examiner after each office action. Patent Application United States Patent and Trademark Office, Patent Application No. We also show you is a summary of information about the examiner. For each type, I include details of an actual patent examiner from Patent Bots examiner statistics. 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. A summary of information about examiner behavior from patent Bots examiner statistics can be less inclined amend. 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