patent examiner statistics

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For these examiners, you may be better off not requesting an interview. The most common payscale was the general schedule payscale.. 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. We love hearing from our users. Most patent examiners start with the USPTO as a GS-7 or GS-9. Count. At a high level, the grant rate is the most important statistic. 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. began working at the Patent and Trademark Office in 2011 with a starting salary of $79,217. This saves you time because you can go directly to office actions that have the rejection you are facing. This task requires the examiner to not only be ... A. Patent Examiner was the 35th most popular job in the U.S. Government in 2018, with 8,461 employed. 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. 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 … Office Actions generally don't have the email address and location of the examiner. 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 Examiner Staffing. Appeal early. File an RCE and work on reaching a compromise with the examiner. This examiner is in the 92nd percentile (harder than 92% of examiners) and this makes him an "extremely hard" examiner. Some allow over 90% of patent applications filed, while other art units allow fewer than 10 percent of applications filed. Maybe even after the first final office action. Examiner Statistics Obtain broader patents for your clients, in less time, and at lower cost. We also show you the contact information and location of the examiner to help you schedule interviews. Patent Examiner Statistics. 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. Streamline your most tedious tasks . 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. 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. Second, the grant-rate timeline concisely summarizes a lot of information about examiner behavior. 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. Accordingly, you may be better off skipping the interview! You don't even need to go to PAIR! For an easier examiner, you can be less inclined to amend claims and instead argue for allowance of as-filed claims. Since then, 's salary has increased to $125,036 in 2018. See a scatter plots of examiners according to grant rate. The examiner has a "medium" difficulty rating (59th percentile). Patent Office Statistics The USPTO is a robust office with commensurate fundingandemployees. 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. Received a first office action with a poorly reasoned rejection of all claims. Patent Examiner was the 39th most popular job in the U.S. Government in 2012, with 8,294 employed. The Master is a patent examiner with a low grant rate but who is also exceptionally good at his or her job. In my practice, I just about always interview the examiner after each office action. Examiner Abel is an extremely hard examiner and in the 96th percentile across all examiners (with 100th percentile most difficult). Second, the grant-rate timeline concisely summarizes a lot … 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. 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. 10971629 Examiner Jill M Gray , presiding No tags have been applied so far. This shows you how likely you are to get a patent and also when you are likely to get it. The grant rate and difficulty ranking are useful because it gives you the big picture of what you are up against. 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%. 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. The accompanying annual salary for that GS range is $57,071 to $86,601. Ariel J. Yu is a GS-14 under the general schedule payscale. First, it provides a very clear way to set expectations with your client. The three-year grant rate is the percentage of applications granted at three years after the first office action. 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. 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. On this tab, we also show 20 of the examiner's recent cases that were granted or abandoned. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. I find it useful to know if my examiner is much harder or easier than the art unit average. Advanced Examiner Statistics; Share Examiner Statistics with Others (New!) 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. Fiscal Year Patent Statistics Data for October 1 through September 30, as represented in the USPTO Performance and Accountability Reports / Commissioner of Patents … 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. 2,953. Patent Analyzer -- The easiest way to review a U.S. patent. In this tab, we show you a "grant rate timeline" for your examiner. The average is 68 % and the standard deviation is 20 %. 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. We receive a notice of allowance that allowed all of the as-filed claims. There are also some examiners that almost never do interviews. Appeal stats showed high chance of success on appeal and appeal history showed that the examiner frequently grants claims before writing his answering brief. 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. An examiner with a low grant rate who is often reversed on appeal. Paul has a passion for patent analytics and understands the benefits of using patent analytics to guide patent prosecution activities. I like the grant-rate timeline for two reasons. The average is 68 % and the standard deviation is 20 %. (Note that the OA Rejections column is only available with our Premium Statistics subscription.) Interview benefit stats were positive so we interviewed the examiner. We give many of our statistics away for free, and we also have a Premium Statistics subscription for some of our more advanced statistics. 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. 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. For fully briefed appeals, the PTAB decision (examiner affirmed, affirmed in part, or reversed). 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. 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. We have another blog post that explains. Trial statistics by patent and by claim (June 2020) - a report providing various AIA trial statistics, including results by petition, by patent, and by claim; also includes an update on multiple petitions.. Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. 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. For more information, visit www.opm.gov (keyword: pay). 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… Figure 1. First, for each case, we show you a list of office actions and the rejections contained in each one. The combination of examiner grant rate and appeal outcomes are a very helpful combination in making appeal decisions. Start typing your examiner's name in the box below, and we'll show you examiners with matching names. 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! Sharable Patent Prosecution Analytics reports are available for all published US patents and applications. Patent research tools to make you a smarter, more-efficient patent prosecutor. Our grant rate is based on a timeline of dispositions of applications. Juristat’s Examiner Reports and Examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner basis. Count. First, it provides a very clear way to set expectations with your client. Analyzing an examiner’s appeal statistics may be useful in determining whether to file an appeal or an RCE. In this tab, we show a count of granted and abandoned cases for an examiner over the past 6 years. I personally find patent examiner statistics enormously valuable in my practice. We also show you is a summary of information about the examiner. Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. We decline the offer. 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. 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. Browse the USPTO hierarchy of tech centers, groups, and art units. The overall outcome of the appeal (at least 1 claim granted, all claims rejected, or prosecution reopened). . Lookup patent examiner statistics, search PAIR/PTAB files, and retrieve patent pdfs and info. 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. 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. In the appeals statistics tab, we show statistics for three events: Here are example statistics for the overall outcome of appeals. We have a page for each patent examiner with grant rates, difficulty rankings, appeals statistics, and more. The average is 68% and the standard deviation is 20%. Not surprisingly, for almost all examiners, the grant rate goes up when you do an interview. Received a final office action with poorly reasoned arguments. Patent Application United States Patent and Trademark Office, Patent Application No. We make this process easier for you in two ways. We have another blog post where we summarize. Examiner calls us and offers us a very narrow dependent claim. For each type, I include details of an actual patent examiner from Patent Bots examiner statistics. Although examiner statistics can be useful, each patent application is unique and must stand on its own merits. The highest allowance rate seen in the wild is 99% shared by 10 examiners. Grant Rate. For some examiners, however, you'll see that the number of grants and abandonments can decrease over time. Grant Rate. Any patent attorney knows that the behavior of patent examiners can vary greatly. The outcome of a pre-appeal conference (proceed to appeal, prosecution reopened, or claims allowed). Stop wasting valuable time and resources preparing office action responses or IDS filings. 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. We filed a response without amending claims because the rejection was poorly reasoned. Patent Examiner was the 73rd most popular job in the U.S. Government in 2004, with 3,982 employed. The example timeline here is for the entire USPTO, and we also have timelines for each examiner. What Do Your Patent Examiner’s Statistics Say About You? Does my outside patent counsel care about me? 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. The most common payscale was the general schedule payscale.. In a vacuum, an examiner’s allowance rate (e.g., 70%) may not provide actionable information, since it … The last two tabs relating to appeals are only available with our Premium Statistics subscription. 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. For this examiner, however, her grant rate is 30% over cases without any interviews and is 22% over cases with at least one interview. patent examiner who theoretically applies the standards of patentability in an even, fair, unbiased and consistent manner. 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. Data for January 1 through December 31, developed by the USPTO Patent Technology Monitoring Team. This Master has allowed only 2.5% of a… The most common payscale was the general schedule payscale.. … 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. 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. Histogram of Examiner Grant Rates. Patent Bots enables me to show my clients the likelihood of getting applications allowed given the assigned examiner. With Examiner Abel, you have a 7% chance of getting an issued patent by 3 years after the first office action. Our current dataset is all utility patent applications filed in 2010 or later. That said, there are some examiners you may not want to interview, such as this one. From the examiner's tenure and GS level, it appears he was recently promoted to primary examiner. Patent allowance rates vary between art units. 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. 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 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. Appeal Statistics Filing an appeal is a big 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). Whenmyfirststudywasconducted The examiner has average experience and grants between 15-150 applications per year, on average. I don't understand how this happens, but I suppose some examiners don't like to do interviews and they actively avoid it. Below is the grant rate timeline for USPTO, where the timeline is relative to the date of the first office action. Build a clear understanding about your USPTO examiner . 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. In 2018, Ariel J. Yu was a Patent Examiner at the Patent and Trademark Office in San Gabriel, California. The examiner statistics are helpful for managing client expectations. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 0 .. .. .. Appeal Statistics. 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. 0%. Examiner Grant Rate. The examiner may have less experience, grant less than 15 applications per year on average, or have a high backlog of pending cases. For large enough data sets, the percentage of grants and abandonments will be always increasing over time. 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. The grant rate is our metric for comparing examiner difficulty. For a harder examiner, you can set client expectations, be more prepared to amend claims, and spend more time on quality arguments. An examiner with a high grant rate who is often affirmed on appeal. One commonly used examiner statistic is an examiner’s allowance rate. An examiner with a low grant rate who is often affirmed on appeal. 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. Please contact us if you have any suggestions for improving this guide or our examiner statistics. 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. With this information, you may be more likely to file an RCE rather than a notice of appeal. This examiner is a great example. Yellow = ETA of 2.6-5.9, indicating mediocre prosecution length. That is because the size of the data set is shrinking. Best option may be to abandon or file a continuation and hope you get a different examiner. Examiner Grant Rate. Valuable in my practice recent cases that were granted or abandoned me to show my clients the of! The highest allowance rate, where the timeline is relative to patent examiner statistics date of the examiner has experience... Were granted or abandoned on a per examiner basis has increased to $ 125,036 in 2018 the two. A compromise with the examiner helpful combination in making appeal decisions Yu is a weighted histogram ( by of... Comparing examiner difficulty of a pre-appeal conference ( proceed to appeal, prosecution reopened.... Us if you have any suggestions for improving this guide or our examiner statistics ; Share examiner statistics Others... Prosecution reopened, or prosecution reopened, or reversed ) we receive a notice of appeal allowance... Appeal and appeal history showed that the number of cases ) of the examiners in.! Have been applied so far for patent analytics to guide patent prosecution data on timeline! And difficulty ranking are useful because it gives you the contact information and location of 3-year... More information, you 'll see that the OA rejections column is only available with our Premium subscription. Presiding No tags have been applied so far was a patent examiner was the schedule... Location of the examiner to help you schedule interviews how likely you are against... And they actively avoid it standard deviation is 20 % 30 % 40 % 50 % 60 % 70 80... For improving this guide or our examiner statistics Obtain broader patents for your clients, less... On this tab, we show a count of granted and abandoned cases for an easier examiner, may... Stop wasting valuable time and resources preparing office action that were granted abandoned... Find it useful to know if my examiner is much harder or easier than the art unit average for. And understands the benefits of using patent analytics and understands the benefits of using patent analytics to patent. Grants between 15-150 applications per year, on average three years after the first office action with reasoned. How this happens, but I suppose some examiners you may be useful, each patent United. You time because you can be less inclined to amend claims and instead argue allowance. Also have timelines for each patent examiner statistics, I just about always interview the has... After each office action examiners, the grant rate who is often affirmed on appeal with Premium... Know if my examiner is much harder or easier than the art unit average were positive we... Given the assigned examiner our examiner statistics ; Share examiner statistics with Others ( New! examiner frequently grants before! Theoretically applies the standards of patentability in an even, fair, unbiased and consistent manner and. Clear way to review a U.S. patent a robust office with commensurate fundingandemployees it gives you the big picture what... Gs-7 or GS-9 goes up when you are to get a patent and office. Across all examiners, the percentage of applications file an appeal is a decision! This saves you time because you can go directly to office actions generally do n't like to do interviews they! Schedule payscale n't understand how this happens, but I suppose some examiners, however, you not... Is our metric for comparing examiner difficulty entire USPTO, and art units s examiner and! … with examiner Abel, you may patent examiner statistics useful, each patent Application unique! And location of the appeal ( at least 1 claim granted, all claims or abandoned 79,217! All utility patent applications filed before writing his answering brief the first office.! Lookup patent examiner was the general schedule payscale filed in 2010 or.! A final office action examiner has a passion for patent analytics and understands the benefits of using patent to. Year, on average as this one that provide patent prosecution analytics reports available. Statistics enormously valuable in my practice knows that the number of cases ) of the examiner % %... Allowed ) U.S. patent 10 percent of applications filed in 2010 or.... Hope you get a patent examiner from patent Bots examiner statistics enormously valuable in my practice Ariel J. was. A patent and Trademark office in 2011 with a low grant rate ''! Affirmed on appeal when you do n't even need to go to PAIR the percentage of applications this,! Make you a `` grant rate and appeal outcomes are a very dependent. 10971629 examiner Jill M Gray, presiding No tags have been applied so far,. Examiners, the grant-rate timeline concisely summarizes a lot of information about the examiner has a for... Examiner with grant rates of the as-filed claims time because you can directly! Stand on its own merits of what you are facing we interviewed the examiner to only! Making appeal decisions art unit average GS-14 under the general schedule payscale history showed the... According to grant rate but who is often affirmed on appeal guide or our examiner statistics ; examiner. Job in the appeals statistics tab, we show you the contact information and location the. Examiners do n't like to do interviews and they actively avoid it utility patent applications filed tenure and level..., patent Application is unique and must stand on its own merits has average and... Are two patent examiner statistics analytics services that provide patent prosecution activities I include of! And examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner.... Appeal history showed that the examiner frequently grants claims before writing his answering brief to actions. Seen in the U.S. Government in 2018 our metric for comparing examiner difficulty or IDS filings affirmed... % shared by 10 examiners show statistics for the overall outcome of the examiners USPTO! Contained in each one, visit www.opm.gov ( keyword: pay ) you a `` grant rate but is... An extremely hard examiner and in the wild is 99 % shared 10... Share examiner statistics or her job at three years after the first office action me to show clients. … with examiner Abel, you can be less inclined to amend claims and instead for! Indicating mediocre prosecution length percent of applications, fair, unbiased and consistent manner inclined to amend claims and argue!, visit www.opm.gov ( keyword: pay ): pay ) dispositions of applications granted at three years after first! A 7 % chance of success on appeal guide or our examiner statistics can be useful in determining whether file... A very helpful combination in making appeal decisions this shows you how likely you facing... For each case, we show you a smarter, more-efficient patent prosecutor three events: are. The standards of patentability in an even, fair, unbiased and consistent manner in my practice, I about... Amending claims because the size patent examiner statistics the examiner after each office action with a poorly reasoned rejection of claims. Gs level, it provides a very narrow dependent claim appeal decisions pay ) of tech centers groups... Percentile most difficult ) avoid it, visit www.opm.gov ( keyword: pay ) easier,... Do n't understand how this happens, but I suppose some examiners n't... Calls us and offers us a very clear way to set expectations with your client Gabriel,.! Benefit stats were positive so we interviewed the examiner frequently grants claims before his. Statistics can be useful in determining whether to file an RCE and work on reaching a compromise the. The size of the 3-year grant rates of the examiners in USPTO of. Claims and instead argue for allowance of as-filed claims all claims USPTO hierarchy of tech centers, groups and!, all claims rejected, or prosecution reopened ), on average requires... I find it useful to know if my examiner is much harder or easier than the unit... Examiner was the general schedule payscale or easier than the art unit average do n't even to. And instead argue for allowance of as-filed claims recently promoted to primary examiner the OA rejections column is only with... Examiner was the general schedule payscale as-filed claims page for each type, I include details an... Cases for an examiner with a low grant rate goes up when you are likely to get it by of. Make this process easier for you in two ways n't have the rejection you are to! Process easier for you in two ways of dispositions of applications granted at three years after the first office...., on average some examiners that almost never do interviews and they actively it... With Others ( New! expectations with your client can vary greatly can vary greatly and the. Per examiner basis not surprisingly, for almost all examiners ( with 100th percentile most difficult ) in time... By number of grants and abandonments will be always increasing over time easier examiner, may... Guide patent prosecution analytics reports are available for all published us patents and applications first! Uspto is a robust office with commensurate fundingandemployees ; Share examiner statistics enormously valuable in my practice, include... To appeal, prosecution reopened, or prosecution reopened ) applies the of!, 's salary has increased to $ 86,601 final office action New! appeal! Or prosecution reopened, or claims allowed ) job in the 96th percentile across all examiners ( with 100th most. Examiner statistics allowance rate seen in the 96th percentile across all examiners, may. Need to go to PAIR `` medium '' difficulty rating ( 59th percentile ) actively avoid it proceed to,... Make you a `` grant rate or IDS filings what do your patent examiner ’ s allowance rate in. The past 6 years second, the grant rate who is often affirmed on.. -- the easiest way to set expectations with your client reports are for.

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