Examiner reports allow patent practitioners to use data analytics to choose the best course of action when prosecuting an application in front of any given examiner.
Accessing Examiner Reports
Accessing an Examiner Report is as easy as clicking the "Examiner" tab in the left navigation, and then typing your examiner's name.
Click your examiner's name in the search results to pull up a report on your examiner.
Your examiner report can be filtered in a number of ways to only include applications meeting your filter criteria in the calculations.
Filter your report by filing/disposition date, art unit, tech center, USPC class, assignee, firm, and a host of "other" filters to limit your data set to applications that are the most like yours.
Select as many filters as you'd like and click "Apply Filters" to update the report to only include applications matching your filters.
Examiner Report Contents
The first few sections of an examiner report provide some background information on your examiner.
The background information includes current and past art units, timing information, allowance rate, and average office actions per application.
These first few background sections allow you to get some overall impressions of what your prosecution in front of this examiner might be like (e.g. how long does the average prosecution take?).
- If your examiner has been in several art units, filter to your examiner's current art unit (the first one listed) in order to exclude applications prosecuted in other art units from your analysis.
- Using a disposition date filter to limit your application set to those that have been recently disposed can help account for changes in an examiner's behavior over time.
Prosecution Strategy Metrics
The next several sections can help identify a strategy for responding to office actions based on your individual examiner's past behavior and demonstrated preferences.
These sections allow you to gauge how receptive your examiner is to interviews vs. RCEs, how your examiner's allowance rate has changed over time, how likely your examiner is to issue an allowance at a given number of office actions, and more.
- Many of the graphs are interactive. Hover over the graphs to get more information on the number of applications included in a calculation.
- The Dispositions By Rejection Count section helps practitioners to avoid early or late abandonments.
The next few sections provide some data regarding your examiner's past appeals.
The three donut charts show the outcomes of appeals at three different stages of the appeal process: the pre-appeal brief conference, the appeal brief stage, and the PTAB decisions.
The Appeals Overview graph gives a more granular look at how appeals have proceeded through the appeal process from your examiner. Hover over any of the solid bars or wavy lines to see more information about how many appeals took a particular path through the appeal process.
- Use the first donut chart to help you determine whether it's worth the time and expense to request a pre-appeal brief conference.
- The results of appeals are color-coded; more green means more positive outcomes for applicants.
The Detailed Outcomes graph is a graphical representation of the prosecution histories of all applications in front of your examiner. It displays the rates at which significant actions and outcomes occur at each stage of prosecution before your examiner.
Below is a quick video to help you get started using the Detailed Outcomes graph:
- Each ring of the graph represents either an office action or a response to an office action.
- Hover over any segment for additional details about that particular office action or response.
- You can click on any segment to show only significant actions and outcomes that directly follow that action or outcome.
Examiner Reports also allow you to research rejections your examiner has issued and arguments that overcame those rejections. Below that, you'll find similar information about appeals.
In the example above, we've used the check boxes to filter our results to rejections that included section 102 as a basis and were followed by an allowance. Use the links to read the rejections and the applicants' responses.
- You can also use the Rejection Text Search to find rejections citing the same prior art or case as your rejection.
- In addition to reading office actions and responses, you can also use this section to get a general idea of what types of responses result in allowances.
An examiner report ends with a list of "examined applications". If no filters are applied, this is simply a list of applications this examiner has had. If filters are applied, it is a list of the examiner's applications meeting the filter criteria.