Patent Strategy Should Consider USPTO Examiner Incentives

By Eric Blatt (August 24, 2018, 1:17 PM EDT) -- Patent examiners operate under a complex network of production and quality incentives that influence the likelihood that an examiner will allow or reject a given patent application. In a recent study, we detailed incentive policies at the U.S. Patent and Trademark Office and empirically investigated how those policies impact patent quality and examiner decision-making. This article considers how insights gleaned from that study can be used to inform patent procurement strategy.

The analysis below assumes that the applicant's goal is to persuade the examiner to allow their preferred claims with minimal amendment and cost. Those preferred claims could be broad or narrow depending...

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