Juristat provides two default dashboards, the Prosecution Metrics Dashboard, and the ROI Dashboard. The ROI Dashboard provides a "quick and dirty" way to calculate potential cost savings through optimized prosecution as well as potential additional IP value to be gained through insights into examiner metrics.

Primarily, the ROI Metrics Dashboard uses two metrics to calculate excess costs:

  • Unnecessary OAs: The number of office actions issued in excess of the maximum number of office actions for any previously allowed application in front of that examiner. For example, if an examiner has never issued an allowance after the 6th office action and our application has 8 office actions before abandonment, the application has two unnecessary OAs (8 minus 6).

  • Unnecessary Appeals: The number of appeals that reach the briefing stage when the examiner's appeal win rate was less than or equal to the interview win rate and no interview was conducted. Appeal briefs are required to eliminate instances where a notice of appeal was filed with no intent to pursue a substantive appeal.

And two metrics to calculate past missed IP value:

  • Missed Interviews: The number of applications that are either 1) pending on the fourth office action or greater with no interviews, or 2) abandoned with no interviews, where the examiner's interview win rate is greater than or equal to the examiner's RCE win rate.

  • Missed CON/CIP: The number of allowed applications in front of examiners with at least a 90% allowance rate where there was no continuation or continuation-in-part filed.

Using the above metrics, the ROI Dashboard allows you to estimate the excess cost or missed IP value on a given set of applications. While this is certainly not an exhaustive list of metrics that can be used to identify additional value or cost savings, it provides a quick baseline and can inspire other ways to think about efficient patent prosecution.

Accessing the ROI Metrics Dashboard

To access the ROI Dashboard, click the dashboards icon in the left navigation:

Then, click the drop down arrow next to the title of your default dashboard and select "ROI Metrics":

Once you've accessed the ROI Metrics Dashboard, you'll also want to apply some filters to narrow down your dataset to applications belonging to a particular firm, company, business unit, or client.

Cost Savings

The cost savings section of the ROI dashboard calculates the total costs that may have been saved, while potentially getting a better prosecutorial outcome, by avoiding unnecessary office actions and appeals.

To make the calculations, simply enter the estimated average cost of responding to an office action and the average cost of an appeal.

Missed IP

Similarly, enter the estimated average value of an issued patent for your set of applications, the average cost of an interview, and the average cost to prosecute a continuation or continuation-in-part.

While there are any number of ways to identify missed value or excess costs, Juristat's ROI Metrics Dashboard can provide a quick start to this process and help identify strategies to reduce costs and increase value going forward.

Related Articles: Prosecution Metrics Dashboard, Best Practices for In-House Teams

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