Patent prosecution is not always a linear process. It is full of twists, turns, and back-and-forths, but there are undeniably distinct phases of the patent process that the top patent professionals are able to seamlessly and efficiently transition between. From conducting preliminary research to devising a plan to overcome an application’s rejection, LexisNexis® IP provides users the tools they need to research, analyze, and implement a plan for each stage of patent prosecution. 

Phase 1: Patent Research

Preliminary patent research is critical for identifying risks and for informing the drafting of patent applications. It is so important that patent searches arise in multiple contexts and are motivated by specific purposes. A patentability search (aka a “novelty search”), for instance, requires gathering information from around the world to determine whether an invention is patentable. A freedom-to-operate search is valuable when one is not necessarily looking to file a patent application but wants to ensure another’s patent is not being infringed, and if one wants to determine the validity of an existing patent, a patent validity search (or “invalidity search”) can shine light on the matter.

Each type of patent search differs in breadth and timing, which is why the LexisNexis TotalPatent One® patent search platform enables users to tailor searches to their needs. With an intuitive user interface, several ways to modify search queries and to filter search results, and access to a collection of over 100,000,000 patent documents from over 100 patent authorities around the world, TotalPatent One® makes the research phase simpler than ever.

Phase 2: Patent Analytics

The USPTO archives are a generally untapped resource for valuable patent data and statistics that can significantly improve patent performance. Patent analytics platforms like LexisNexis PatentAdvisor® aggregate and interpret USPTO patent data and provide key metrics that can help predict how patent prosecution will proceed.

 

Perhaps the most valuable patent metric is Examiner ETA™, a proprietary metric based on several sources of patent data and surrounding circumstances to help predict prosecution length and difficulty more accurately. However, traditional metrics, such as a patent examiner’s allowance rate (the percentage of examined patent applications that issued as patents compared to the number of patent applications either issued or abandoned) or a patent examiner’s average office actions (the average number of office actions issued for each patent application examined by a patent examiner or art unit before being issued or abandoned), are also valuable guideposts for determining prosecution outcomes.

With PatentAdvisor®, patent practitioners have access to the most informative patent metrics that can be used to make smarter, more informed patent prosecution decisions.

Phase 3: Strategy Development and Implementation

Patent data means little without a plan. PatentAdvisor provides users with resources that go beyond presenting patent statistics, and helps them to identify the actions they can take to speed up the prosecution process and receive favorable outcomes. For example, the PatentAdvisor Guidebook is essentially a playbook within the PatentAdvisor platform that provides practical guidance based on USPTO patent data. A user’s Guidebook can help to reveal unexpected options, such as holding an interview with an examiner, that have proven to increase the success rates of patent applicants who were similarly situated.

 

The suite of LexisNexis IP patent prosecution tools helps patent practitioners at all stages of patent prosecution. No matter which phase of the flow you find yourself in, you will discover the tools you need to help you through it.

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