Knobbe Martens partner Jarom Kesler discussed how U.S. Patent and Trademark Office (USPTO) patent examiner statistics can inform patent prosecution strategy in a recent Managing Intellectual Property article.
The article discusses how, with examiner allowance rates ranging from near-certain grants to almost automatic rejections, understanding examiner tendencies is increasingly influencing patent prosecution practices.
Kesler highlighted the importance of learning examiner tendencies, noting that using examiner analytics can save time and provide better value for clients throughout the patent application process. For example, he shared how practitioners can consider an examiner’s overall allowance history to proactively update claim language or, if necessary, prepare expeditious appeals. Kesler also noted other factors that could bear influence on strategy throughout the application process, including whether examiners work best with interviews or written responses.
Read the full article, ‘Patent Prosecution Is a Poker Game’: How Examiner Analytics Shape Strategy,” in Managing IP [subscription required].
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