How USPTO Examiner Type Affects Patents

May 19, 2020

Originally published on

Enhance Patent Strategy With Data Analytics

Michael Sartori, a partner, and Matt Welch, an associate at Baker Botts, LLP used data from LexisNexis PatentAdvisor® to complete an analysis on ten years of examiner data from the eight non-design Tech Centers at the USPTO. The gathered data focused on important milestones in the life cycle of a U.S. patent application. In the article series, the impact of the type of Examiner is explored for each of the milestones through historical trends and counter-intuitive results. Their analysis covered in the first article finds that certain types of examiners at the USPTO allow and examine disproportionately more U.S. patents each year than other types of examiner, resulting in few allowing many patents, and many allowing few patents.

In this second article of the series, the Examiner type is shown to double the effort by an applicant to obtain a patent.  This doubling effect surprisingly appears in a number of the metrics we explored over the time period, including the allowance rate, the average number of Office Actions, pendency, and several other metrics.

LexisNexis PatentAdvisor®

Two-Day Trial

Get to know your examiner better with more context and a deeper understanding of your examiner’s behavior than ever available before.

With your free trial, you will gain instant access to:

Examiner Search allows you to search by examiner name for a filterable, examiner specific dashboard of patent analytics, including rejection specific statistics, appeal statistics, prosecution statistics, interview statistics, a backlog of RCEs and timeline.

QuickPair easily replaces the USPTO Public PAIR by providing the most robust application details anywhere, including examiner timeline, examiner allowance rate and the average time and number of office actions to allowance.

PatentAdvisor, the first-ever data-driven patent strategy tool, provides a systemic approach to crafting an effective prosecution strategy. Understand why certain patent applications take longer than others to reach allowance—then use that knowledge to devise better patent prosecution strategies.

Free Trial