The Limitations Of Patent Prosecution Data Analytics

Law360, New York (October 19, 2017, 12:51 PM EDT) -- Seasoned patent attorneys know that patent prosecution is an art. Experience teaches when to use a light stroke, when to apply pressure, and where to do each. It is the art of strategy, persuasion and language. Newcomers, such as Juristat, have changed the game, forcing us to consider the science, specifically the science of statistics, behind patent prosecution. While advanced analytics can and should be incorporated into our practices, their limitations should be understood.

For the uninitiated, Juristat compiles and analyzes patent prosecution data. Users can study this data to learn, for example, the allowance rate of a certain law firm,...

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