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Posts Tagged: "patent statistics"

How IPR Gang Tackling Distorts PTAB Statistics

If you are having trouble figuring out how Zond could have had 371 claims, lost all of them, but only 1,220 claims were instituted out of 1,377 claims challenged, you understand the problem. These are not misprints or mistakes. Zond had 371 unique patent claims, but because of the IPR gang tackling phenomena those 371 claims were challenged a total of 1,377 times, but instituted only 1,220 times. Thus, the number of institutions is more than three times the number of unique claims Zond owned. In other words, the institution rate shouldn’t have been 88.6%, it should have been closer to 329%!

Misleading PTO statistics hide a hopelessly broken PTAB

While the Patent Office likes to tout statistics that assert most patent claims challenged in IPR are not invalidated, those statistics are simply not credible. When reporting its statistics the Patent Office ignores the reality that once an IPR is actually instituted few claims are actually adjudicated to be patentable. The Office is also grossly misleads when they characterize claims not subject to a final written decision as “remaining patentable.”… Recently I’ve heard a story from a former PTAB judge who explained that institution of IPR challenges is far more likely when there are multiple petitions filed against the same patent because it makes it easier for PTAB judges to meet their production quota. If that is not proof that the PTAB is hopelessly broken I don’t know what is.

Cuozzo, Phony IPR Statistics and the Death of the American Inventor

The battle of Cuozzo, and patent reform in general, is not between the tech industry and the pharmaceutical industry. The battle was started by wealthy multinational tech companies led by Google who, by using their huge market and deep pockets, massively commercialize technology they did not invent to take control of emerging multi-billion dollar markets. Once a tech market is taken, it is nearly impossible to unseat the incumbent, unless, of course, you have a patent and that patent can be defended. So these huge companies bought Congress to create law that destroyed hundreds of years of patent law repositioning it against the very people who invent most of the new technologies we all use, small tech startups and inventors. Congress and the Supreme Court have now ensured that the big stay big and the small do not disrupt their highly profitable cabal with the nuisance of patent rights.

Examiner Statistics: Insight into Prosecution Strategies

There is no way to know for sure whether the applicant could have achieved an allowance had they hung in, but it would have been helpful to know that the examiner was very experienced and likely had decision making authority. Such an observation would have given great insight into the fact that the examiner in question here has an overall allowance rate of nearly 70%. It no doubt would have also been helpful to know that after an interview in over 50% of cases, the next significant event following the interview was an allowance. In short, the statistical data shows that this was an experienced patent examiner who is interested in working with applicants and their representatives to identify allowable subject matter and issue patents where appropriate.

Patent Statistics and SPEs: Looking Beyond PAIR Data

I wrote something incorrect about SPE Len Tran and for that I apologize to him and to the USPTO and to readers who were lead astray. The fact is that if you do a simple Google patent search you will see that since the time he became a SPE in 2008 he has signed many hundreds of patents. SPE Len Tran is not an examiner or SPE that refuses to issue patents. To the contrary, he has issued many patents for a variety of different technologies and seems to be an example of a good supervisor.

The America Invents Act at Work – The Major Cause for the Recent Rise in Patent Litigation

It is ironic and highly likely that the AIA – the legislation touted by its proponents as the instrument to reduce the number of costly patent lawsuits – is in fact the major cause for their increase in the last three years.
Several factors created by the AIA caused, and will continue to cause, increased rate of lawsuit filings. As this graph shows, filings during 2009 – the last year before the onset of the surge shown in Gene’s article – patents that were 1-5 years old were most frequently the subject of an infringement lawsuit. In contrast, filings in 2012 were dominated by newly issued patents at an unprecedented factor of two compared to any other patent age category. The only plausible explanation to this change that comes to mind is based on the relationship between Federal court actions and the AIA-created administrative proceedings of Inter Partes Review (IPR), Post Grant Review (PGR), and the Transitional Program for Covered Business Method Patents (TPCB), which is governed by PGR rules.

The Rise of Patent Litigation in America: 1980 – 2012

As far as I am concerned the problem is not generically with patent assertion entities, or even the likes of entities like Acacia Research, or with patent litigators such as Ray Niro. Both engage in comprehensive due diligence before getting involved with a patent owner, turning away more than 99% of what is presented to them for evaluation. Actors like Acacia and Niro seek to enforce good patents that are widely being infringed. Somewhere along the way society has chosen to vilify them and the patent owners they represent as if striving to achieve a patent on an innovation of fundamental importance is evil incarnate. What a sad commentary on the cluelessness of the masses.

The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation

Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities. They are known more colorfully as patent trolls, although the business model of non-practicing entities has appeared in copyright markets as well as well as in patent markets. In the America Invents Act, Congress directed the nonpartisan Government Accountability Office (GAO) to conduct a study “on the consequences of patent infringement lawsuits brought by non-practicing entities.” At the GAO’s request, we provided data on non-practicing entities for five years (2007-2011).

Making it Easier to Get a Patent

Contrary to popular belief, things are getting much better in business methods. Applications filed in 1999 had prosecution times of over 10 years (lower green arrow). These and subsequent applications jammed up the system leading to excessive delays to first office actions. Applications filed in 2004, for example, had delays to first office action of 6 years (middle red arrow). Sometime around 2010, however, things started to improve. A lot more patents started issuing and the delays to first office action dropped to around 2 years (upper red arrow). That’s not to say that it’s easy to get a patent in business methods, but at least examiners and applicants are making much better progress in reaching agreement on allowable claims in a reasonable amount of time.