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How Attorneys Can Use Big Data to Hack Patent Prosecution

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iStock_000012421954XSmallThe term “hacker” has permeated technology and business culture, evolving beyond its original meaning to describe anyone who applies ingenuity to achieve an elegant and clever result. Now businesses, including law firms, are adopting the hacker mentality to disrupt traditional practice models with big data and predictive analytics.

Products like LexisNexis PatentAdvisor® offer attorneys a wealth of tools and data to transform their prosecution practice.

Hacking the Past to Optimize the Present
With PatentAdvisor™, attorneys can analyze past performance of their entire portfolios, particular art units or tech centers, or individual applications. Specifically, PatentAdvisor offers a suite of tools to parse past application data, allowing users to identify patterns and pain points. By leveraging this data, attorneys can optimize their current prosecution strategies for maximum return.

For example, Patent Document Search is a PatentAdvisor tool that allows users to conduct a full-text search of all claims, office actions and responses. This can be incredibly useful if an examiner issues a rejection and you need to determine the best way to overcome that rejection. Users can search all patent documents for the specific language of the rejection to find others who may have also faced this same rejection and how they overcame it.

Prosecution Pattern Monitor, another PatentAdvisor feature, provides attorneys with alerts and updates that they can use to monitor the status and trajectory of an application. For instance, you may receive an alert that your application has been assigned to an examiner with a low allowance record, prompting you to formulate a different strategy for handling that particular application.

These tools allow attorneys to quickly add context to their decision-making and modify their strategies in real-time to fit their prosecution needs.

Analyzing Data to Predict the Future
The real utility of PatentAdvisor lies in its ability to give attorneys an overview of their entire prosecution ecosystem, past and present, allowing them to maximize their chance of success in the future. Attorneys can evaluate the effectiveness of their prosecution strategies with regard to certain art units or tech centers, in turn adjusting these strategies to meet their clients’ needs. By leveraging examiner and art unit trends, attorneys can predict how many office actions or RCEs a particular application or art unit may require, and how their prosecution strategy may need to be reformulated to fit time or budget constraints.

PatentAdvisor statistics may also be used to refocus prosecution strategies on particular art units or applications that are more successful than others. The Prosecution Guidebook is a feature that can give users a snapshot of how well an application or group of applications is likely to perform. Attorneys can view recommended actions and approaches that collectively illustrate the best path forward to allowance. Conversely, the recommendations provided by the Prosecution Guidebook may indicate that abandoning that particular application is in the client’s best interest.

Empowering Your Prosecution Practice
PatentAdvisor gives attorneys the ability to harness the power of big data to hack their prosecution practice for maximum results. By employing its groundbreaking analytics, law firms and companies can use PatentAdvisor to quickly and easily modify a strategic vision in real-time to meet shifting needs.




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