Patent Drafting Tools: Three Key Advantages

Aug 17, 2020

three advantages of patent application drafting tools

Patent practitioners may be able to work remotely in their pajamas from time to time, but, unlike their personal appearances, patent practitioners should keep their patent applications looking tiptop at all times. Much like a well-rounded grooming routine that can provide immediate and long-term benefits, using patent drafting tools throughout the drafting process can save time and money in the present, while also leading to stronger, more defensible patents in the long run. Patent drafting tools from LexisNexis® IP offer three major drafting advantages that result in patent applications that look better and perform better in prosecution.

Advantage One: Patent Drafting Tools Reduce the Number of USPTO Rejections

Never the end of the world, yet hardly welcome, rejections issued by USPTO patent examiners are often setbacks that come at the expense of patent practitioners and their clients. Perhaps the most frustrating rejection is a procedural or clerical mistake that could have been avoided by thoroughly proofreading the patent application before submission. Although a comprehensive review leads to the best results, clients may not be pleased paying for the additional time it takes to proofread an application as thoroughly as possible, which often puts patent practitioners in a tough position. The LexisNexis PatentOptimizer® patent drafting platform helps reduce the number of rejections patent practitioners receive by providing diagnostics on patent applications before they are filed. By performing critical quality control checks and creating comprehensive, configurable error reports, PatentOptimizer® also keeps clients happy by reducing the amount of time it takes for patent application drafting and review.

PO screenshot 3 advantages blog

Advantage Two: Avoiding Objections Based on Drafting Choices

Section 102 (novelty) and Section 103 (nonobviousness) objections are more the result of prior art research and analysis than of how an application was drafted; but “enablement” and “definiteness” rejections based on Section 112 are as avoidable as they are common. The PatentOptimizer patent drafting tool is capable of reviewing a patent specification to assess whether it provides a sufficient written description, and it can check patent claims for antecedent basis issues or a lack of support in the disclosure. By utilizing PatentOptimizer to draft and review patent applications before submission to the USPTO, patent professionals can avoid many of the issues that lead to Section 112 objections. 

Advantage Three: Responding Effectively to Office Actions

Office actions are a part of life for patent examiners, and, although avoiding objections altogether is ideal, it is good to know how to remedy an objection when one arises.  Fortunately, responses to office actions rarely need to be created from scratch, because it is likely that a prior-filed USPTO application not only received a similar objection, but also overcame that rejection with a solid argument in response.

office action response tool in LexisNexis PatentOptimizer

PatentOptimizer allows users to draw upon analogous office action responses that proved successful in the past with its Office Action Response tool. The Office Action Response tool retrieves related patent documents from the USPTO Public and Private PAIR databases to generate a comprehensive office action response shell. Users can then analyze the arguments presented in response to previous office actions to help formulate the best possible office action response.

Patent practitioners can rely on patent drafting tools to help obtain the best possible patent prosecution outcomes. With the help of PatentOptimizer, reviewing patent applications for avoidable mistakes and providing guidance to overcome office actions, patent professionals can give their writing a makeover for optimal results.

Learn more about how to write high-quality patents with PatentOptimizer.  

Watch the On-Demand Webinar Improve your Prosecution Efficiency: How to Automate Office Action Responses to learn more about the PatentOptimizer Office Action Response tool. 

Patent_Quality_WP-CTA


Latest IP News & Analysis:

Improve Your Patent Search Experience

Most patent search tools are purely utilitarian. They provide access to patent documents in a database but do very little to make searching a pleasurable experience. LexisNexis® IP designs its products with its users in mind. That is why the LexisNexis TotalPatent...

Patent Analytics Seminar 2020: On-Demand Event

What you’ll learn in this webinar:Types of IndefinitenessLearn about the types of problems that patent applications face and what patent practitioners should do.Nautilus and Its ProgenyGet a look inside the Nautilus, Inc. ruling and a view of where we stand today with...

Patenting Software in Canada: On-Demand Webinar

What you’ll learn in this webinar:Types of IndefinitenessLearn about the types of problems that patent applications face and what patent practitioners should do.Nautilus and Its ProgenyGet a look inside the Nautilus, Inc. ruling and a view of where we stand today with...

Rejection is Nothing to Fear

Rejection can be an excellent teacher; it both highlights our mistakes and presents us with an opportunity to learn from them. In patent prosecution, a rejection from the USPTO can help patent professionals understand how patent examiners approach their patentability...

Imagining More From USPTO Patent Statistics

The power of up-to-date, accurate USPTO patent statistics becomes apparent to many patent practitioners after only a short time in the trenches of patent prosecution. Having access to USPTO patent data and analytics features allows professionals to make more accurate...

France Brevets: Future-proofing the French tech industry with the help of an advanced patent analytics solution

The public-private company France Brevets supports French startups in building a strong patent portfolio. In order to anticipate the latest technological developments, they use the LexisNexis® PatentSight® solution. “As a company with an innovative idea, the only way...