James Cosgrove

James Cosgrove

James Cosgrove is a Legal Analyst at Juristat, a legal tech company that develops predictive models of the behavior of judges, patent examiners, attorneys, and other entities. He is a 2014 graduate of St. Louis University School of Law. A member of Juristat’s marketing team, he has written extensively about big data in the law, including Juristat’s first white paper on the effectiveness of data in patent prosecution and an e-book charting the effects of the Alice decision on the USPTO.


Posts by James Cosgrove


§ 112 Rejections: Where They Are Found and How Applicants Handle Them

In this article, we will explore both § 112(a) and § 112(b) rejections by taking a look at where they are most common, how applicants respond to them, and …
By James Cosgrove
18 days ago 0

How to Respond to a § 102 Rejection

Section 102 rejections are very common at the USPTO and you are likely to get one no matter what kind of technologies you work with. Fortunately, they are …
By James Cosgrove
2 months ago 7

§ 101 Rejections in the Post-Alice Era

The § 101 rejection rate for patent applications in the e-commerce work groups approaches 100%, then drops precipitously for the remaining seven of the top ten work groups with the …
By James Cosgrove
3 months ago 3

A Pre-Appeal Brief Conference is a Winning Strategy, Even if it Probably Won’t Lead to Allowance

After several articles and webinars discussing appeals outcomes at the USPTO, we have received numerous requests for Pre-Appeal Brief Conference data to explain how advantageous the program …

Don’t Wait to File a Track One Request if You Think You Might Need It

The Track One program was instituted on September 23, 2011, as part of the America Invents Act. Known officially as the “Prioritized Patent Examination Program,” the USPTO promises a …

Section 103 Rejections: How Common Are They and How Should You Respond?

There are several major statutory rejections that an applicant can receive during the course of patent prosecution at the USPTO, each one corresponding to the relevant section …

Defeating Alice with Data

Several questions every patent attorney should be asking before responding to an Alice rejection are: (1) How many Alice rejections has the examiner issued? (2) What does he or …
By James Cosgrove
1 year ago 22

The Most Likely Art Units for Alice Rejections

While Alice rejections can be found all over the USPTO, roughly two-thirds of them are found in TC 3600. Only TC 2900 has not had any Alice rejections. Looking …
By James Cosgrove
1 year ago 10

The Top 10 Patent Law Firms that Lose the Fewest Independent Claims

When measuring the overall success and efficiency of a law firm’s patent prosecution practice, there are several metrics available, including overall allowance rate, time to disposition, …
By James Cosgrove
2 years ago 19

Top Ten Law Firms in Technology Center 2400

Technology Center 2400 covers the technologies of computer networks, multiplex communication, video distribution, and cybersecurity. In terms of average time to allowance, it is the slowest-moving technology center, …
By James Cosgrove
2 years ago 4

Are Business Method Patents Dead? It Depends on Who’s Applying for Them

Business method patents are still being granted after Alice, but are being granted at lower rates than before, and some assignees are better at obtaining them than …
By James Cosgrove
2 years ago 5