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Matt Welch

Prior to becoming a Judicial Clerk U.S. District Court in Charlotte, NC Matt Welch was an attorney with Baker Botts in the Washington D.C. area.

Recent Articles by Matt Welch

Green, Yellow, Or Red: What Color Is Your Patent Examiner and Why Should You Care?

Examiners at the U.S. Patent and Trademark Office (USPTO) can be categorized into three different “types,” namely, green, yellow and red Examiners. Knowing the type of Examiner assigned to a particular U.S. patent application can help in strategizing on prosecution tactics, crafting responses, and anticipating costs and timing needed to obtain a U.S. patent. For each year from 2009 to 2019, data was gathered for Examiners in each of eight non-design Tech Centers at the USPTO from the LexisNexis PatentAdvisor® patent prosecution analytics database. Examiners are categorized into three different types (so-called green, yellow, and red Examiners), and the data show that certain types of Examiners allow and examine disproportionately more U.S. patents each year than other types of Examiners, resulting in few allowing many, and many allowing few.