With Juristat, you can now track how much your individual examiner end-loads (waits until the end of the quarter to do an inordinate amount of work) and how the probability of them granting an allowance changes (positively or negatively) at the end of the quarter due to this procrastination.
In order to measure examiner end-loading and likelihood of issuing an allowance at the end of the quarter, we've added new fields to our Examiner Reports:
- End-loading Rate
- OA Success Rate
- End-loading OA Success Rate Change
To access this information, search for your examiner's name in the main search bar:
Click on your examiner's name to access the examiner report. Once you've accessed the examiner report, scroll midway down the report to see the examiner's end-loading metrics:
Read on for more information about what these metrics mean and how we calculate them!
End-Loading Metrics Definitions
We define an examiner’s end-loading rate as the percentage of i) notices of allowance (NOAs) and ii) adverse office actions completed by the examiner in the last 3 weeks of the quarter minus 3/13ths.
Let’s unpack all of those factors. First, we count the number of office actions (OAs) – specifically, NOAs, non-final rejections, final rejections, Ex parte Quayles, and restriction requirements – to track the work completed by the examiner on each day.
Second, we isolate work completed in the last 3 weeks in the quarter because, based on our analysis of the last 5 years of prosecution data, those are the weeks where we see the biggest spikes in OAs.
Finally, we subtract 3/13ths from the OAs completed in the last three weeks of a quarter, since we would expect an examiner who is guilty of zero end-loading to file 3/13ths of their OAs in the last 3 weeks of a 13-week quarter.
OA Success Rate
An examiner's OA success rate is defined as the number of allowances they issue as a ratio of the total office actions they issued.
An examiner that had 10 NOAs and 6 adverse office actions has a OA success rate of 62.5% based on the formula: (10 / (10+6)). Thus, an examiner with a OA success rate of 100% only files NOAs, while another examiner with a OA success rate of 0% never files NOAs.
Note that OA success rate is not equivalent to Juristat’s allowance rate, as OA success rate measures NOAs / Total OAs, whereas allowance rate measures NOAs / (NOA + ABN). Since we’re trying to measure only examiner behavior, and examiners don’t control when abandonments are filed, we use the examiner's OA success rate here.
End-loading OA Success Rate Change
This metric looks specifically at how an examiner's OA success rate changes in the last three weeks of a quarter.
To calculate end-loading OA success rate change, we measure the average OA success rate for an examiner in the last three weeks of each quarter over the last 3 years and subtract their average quarterly OA success rate over the same period. For those who prefer math formulas, it looks like this:
As such, an examiner with a highly negative end-loading OA success rate change becomes much harder at the end of a quarter, issuing fewer NOAs as a percentage of total OAs. Conversely, an examiner with a highly positive end-loading OA success rate change is much easier during the last three weeks of a quarter.
For more information on examiner analytics, check our our help content on Patent Prosecution with Juristat!