Patent Analytics and the Three Personalities of Patent Prosecution


Despite being a comparatively recent trend, patent analytics is quickly gaining ground amongst both lawyers and executives. The reason is simple: it is a powerful tool for determining which patents should be protected, and which should be avoided. However, there are some important factors to keep in mind before investing in a patent analysis tool.


Using advanced patent prosecution analytics can help applicants navigate the patent process and improve their patent outcomes. The key to success is knowing which data to analyze and how to use it. It is important to use tools wisely and to avoid relying on anecdotal knowledge. Ultimately, this will give you a better understanding of your own prosecution strategy and allow you to make more informed decisions.

The most useful tool for predicting examiner behavior is the PatentAdvisor ETA patent metric. This algorithm is available on the LexisNexis PatentAdvisor(r) platform and provides greater predictability than other methods. It helps patent professionals predict the length of the prosecution and the duration of the examiner’s actions. It is available in three personality types. Depending on your needs, you can select a different one.

The Jaccard Index is another useful tool that can identify related patents. It can also help to identify licensees and potential licensees. It can help to identify the most important patents in a portfolio. It is also a strong predictor of value. However, this is a fairly low-level metric. It is a good idea to look at other metrics to evaluate the overall value of your patents.

The number of citations by an applicant is significantly related to the likelihood of a patent grant. However, the total number of citations is only a small percentage of the total number of citations in the case of the most important patents. This is because some applicants bury relevant information in references that are irrelevant to the invention. This can be problematic.

A common practice among many applicants is to order references in an arbitrary manner. Some applicants hope to overwhelm the examiner with their cited references. Others will only cite references that are sufficiently different from the invention. This can result in a low success rate. Whether the applicant is able to convince the examiner to issue a patent depends on how the examiner reacts. Some applicants have developed a list of omnibus references, which are submitted regardless of technical proximity. This is a poor breakdown for the patent office.

Obtaining a thorough prior art search is expensive. However, the results from a patent analysis can give applicants insight into the likely restriction and claim amendments. Moreover, by reviewing the statistics, applicants can determine which prosecution strategies will work best. They can also learn from examples of successful responses to office action.

There are a variety of metrics that can be used to determine if your patent examiner is a “red” or a “green” one. While the latter means smooth sailing, the former often translates into more trouble. This is because red examiners tend to allow fewer patent applications per year.

There are three main metrics that can be compared to determine your examiner’s allowance rate. These include the number of citations, the average Jaccard ratio, and the number of office action citations. A chart can be split by each of these metrics to provide a more comprehensive view of your matter’s status over a given range of art units and assignees.


Using a patent prosecution analytics tool can help you make a smarter decision regarding a filing, claim amendment, M&A, R&D initiative, or licensing. It can also help you identify actions against specific examiners, thereby enabling you to improve your patent outcomes. However, it is important to use the tools with caution.

The first step in patent analysis is to understand the basic metrics and statistics. These are simple numbers that represent one dimension of the complex multivariate data set that is generated during the patent filing process. For example, the PatentAdvisor ETA patent metric is a good tool for predicting the behavior of USPTO patent examiners. It helps predict how long an applicant can expect to spend in patent prosecution. While this statistic is not an exact science, it is an accurate measure of examiner behavior.

There are three types of Examiners in the USPTO, yellow, green, and red. The yellow types allow for up to 15 patents a year while the red type tends to only grant after a tougher period of patent prosecution. The yellow and red Examiners also have different allowance rates. These rates can vary by art unit, technology, or examiner. The difference between the rates can be a useful tool for determining the best way to approach an examiner.

Another patent analysis tool that you might want to consider is the Examiner Time Allocation. This metric is a proprietary calculation used by the USPTO. The ETA can vary between 0.1 and 2.5, depending on the examiner. The higher the ETA, the less desirable the examiner is from the applicant’s perspective.

If you are a patent attorney, you may already be aware of the ETA metric. This patent metric can be calculated through a patent prosecution analytics tool like LexisNexis PatentAdvisor, which provides quantitative measurement of each Examiner in the USPTO. If you do not have access to this tool, you should at least investigate the metrics in your current prosecution strategy. While there are other metrics that you can analyze to see how well your prosecution strategy is performing, the PatentAdvisor ETA patent metrics are the most useful.

Advanced patent analysis tools can also provide insights on certain charts. For instance, the Google Patents chart provides a good overview of the allowance rate by examiner. It is also helpful to split your charts by the Prosecution Status of the patent to get a better idea of the matter’s status across a range of art units and assignees. This will also give you an indication of how much of a backlog your patent is facing.

Ultimately, the PatentAdvisor ETA patent calculator helps you make better decisions by allowing you to predict how long your patent will be in patent prosecution. This allows you to make strategic choices that will improve your patent outcomes and decrease your costs.


Among the many advantages of patent prosecution analytics is the ability to accurately chart large numbers of patents by prosecution status. This information can then be used to develop a data-driven prosecution strategy. It can also help applicants to better navigate the patent prosecution process. By understanding the characteristics of the different types of examiners, applicants can more easily determine which type will provide the most favorable outcome. The same data can be used to determine whether a law firm is a good match for a specific application.

During a patent examination, claim clarity changes quite a bit. The clearer a claim is, the more descriptive it is, and the less repetitive it is. The model used in this study estimates claim clarity for over two million patent applications. However, while the model is able to accurately estimate claim clarity, it is not able to make accurate assessments of legal definiteness of individual patents.

The model also shows that a more robust collection of prosecution history data can significantly improve the patent prosecution process. For instance, this type of research can reveal trends in patent allowance rates. A law firm with a higher allowance rate might be more effective than another. By examining allowance rate trends, applicants can determine the best course of action. This type of research can also condense prosecution.

There are three different personalities of patent examiners. Red examiners are typically very troublesome to deal with. Having a red examiner assigned to a patent application can mean that the application will be rejected more often. The number of prosecution actions that a red examiner will take is high. It can also mean that the examiner will concentrate on a certain art unit. In addition, a red examiner is more likely to grant fewer than 15 U.S. patents per year, and is usually only granted after a difficult patent prosecution.

The ETA algorithm is designed to correct for the handicaps of straightforward patent statistics. This allows patent professionals to make more accurate predictions about the time and effort required to prosecute a patent. The ETA patent metric is available through the LexisNexis PatentAdvisor platform. A high ETA value indicates that the examiner is a less desirable person for an applicant to work with.

The ETA patent metric is one of the most comprehensive methods for predicting the behavior of a patent examiner. It is used by LexisNexis PatentAdvisor’s Advanced Patent Prosecution Analytics solution to predict the likelihood of an examiner giving Office Actions and the length of the patent prosecution process. It is the best tool for assessing examiner behavior. The ETA patent metric is available in a series of personality types, each of which has its own unique benefits.

The PatentAdvisor ETA metric provides applicants with a valuable, yet easy-to-use, patent metric that can be easily incorporated into a data-driven patent prosecution strategy. It can be used to predict the behavior of a patent examiner, determine the most effective strategy to respond to an office action, and analyze patents by examiner type.