How USPTO Examiner Type Affects Patents: Part 4

By Michael Sartori and Matt Welch (August 21, 2020, 2:25 PM EDT) -- Patent procurement at the U.S. Patent and Trademark Office is affected by the type of examiner.

We gathered data from the LexisNexis PatentAdvisor database for each year from 2009 to 2019, for examiners in each of eight nondesign Tech Centers at the USPTO from the LexisNexis PatentAdvisor patent prosecution analytics database.

The data shows that the type of examiner can impact patent litigation, both in the U.S. district courts and in post-grant proceedings (e.g., inter partes review proceedings) at the Patent Trial and Appeal Board, in terms of numbers and winning percentages.

This is the final article in a four-part series. The...

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