Evaluate patent prosecution options

In the course of your prosecution, you will face moments where several choices are possible. 

For each choice, you need to evaluate your chance of grant, estimate the time to grant and cost, so you can advise your client to make the best choice.

Here at IPSTAT, we believe that this process can be greatly simplified by means of available public data and modern tools.

Let’s say that you received a second final rejection in your application. We can calculate all the timelines in your art unit and/or with the same examiner.

You can easily compare your application against thousands of similar applications and see how the different options affect the chance of receiving a fast grant decision.

That’s what we have build for you.

We wanted to base our statistics on the current stage of the patent. Indeed, a response strategy will differ if you receive a first or if you receive a second final rejection.

On a single glance you can understand the different options in your prosecution path,

  • On the first column your current stage
  • On the second column, the different options in your prosecution path.
  • Once you click on « Applicant-initiated interview » in the second column, the different options for this selection will appear in the third column.
  • And so on to a fourth column. 

Starting from your current stage, several lines show the different available paths: 

  • 62% of the time, the applicant chose Response to final having a 78.6% of chance to grant.
  • 22% of the time, the applicant chose Abandon.
  • 10% of the time, the applicant chose Applicant-initiatied Interview having a 85.7% of chance to grant.

In this case, you can evaluate that the grant percentage when initiating an interview is a little higher (85.7% vs. 78.6% if you choose to respond) and the time to grant a little shorter. (11.2 months vs. 14.7 months). 

A comparative framework to discuss options with your client.

This is, of course, not a legal advice to go through this option but an analysis statistically indicating « those before you having gone through this option succeeded 85.7% of the time ». 

This is an important perspective to discuss with your client if the cost significantly differs between those different options. 

IPSTAT Prosecution prediction is available in the most relevant offices in the world and our vision is to provide you with a global prosecution perspective for your whole family.

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