Despite recent strides, the USPTO does not make it easy to extract all its data. This is especially true for ex parte appeals decisions from the Patent Trial and Appeal Board (PTAB)–even though these appeals decisions establish key data points about general patent prosecution. We discuss seven shortcomings of the PTO websites as well as Anticipat’s solution to each of these shortcomings.
1) No centralized repository – If you are looking for a decision without knowing the authority (i.e., precedential, informative, or final), you will likely have to search through three different databases on different web pages. This is because the different types of PTAB decisions are scattered across different web pages depending on the authority of the decision.
Anticipat houses all decisions in a single repository and it labels each decision with the respective authority. To date, Anticipat has all publicly available PTAB appeals decisions in its database.
2) Non-uniform and sporadic decision postings – The USPTO does not post every decision to the Final Decisions FOIA Reading Room webpage on its issued date. For example, if there are 100 decisions dated July 29, five may show up the day of July 29. Fifteen may show up on July 30 even though they are still dated and show up on the database as dated July 29. Twenty may show up on July 31. Fifty may show up August 1. Five may show up August 4. Three may show up August 5. Another one may show up August 6. And another may show up August 7. To monitor recent decisions, it can take time to keep track of which decisions have been looked at.
To fix this, Anticipat has multiple redundant scrapers to check for any backfilled decisions, making sure that every decision posted to the e-foia webpage is picked up. And it emails a recap of these annotated decisions on the 10th day to make sure that the complete set has been included.
3) Unreliable connection – Whether you’re just trying to load the main USPTO page or whether you’re searching for a particular decision, the PTO site (especially the FOIA Reading Room) can be slow or even unresponsive in letting you access data.
Anticipat solves this problem by being hosted on a scalable cloud server. The site should never be down, even during peak traffic.
4) Search functionality limited – The Final Decisions page allows limited search (e.g., date range, Appeal No., Application No., text search, etc.). But none of these searching capabilities are actually available for the 21 precedential and 180 informative decisions.
Even though the Final Decisions page allows for some search functionality, the type of searchable data underwhelms. First, the input fields can be extremely picky. For example, if you input an Application No. with a slash (“/”) or a comma (“,”), you get a “no results found” message. But for this particular input, the real problem is not that there are no results for the value input. Rather, it is that that you included a character not recognized by their program. This misleading message does not distinguish whether input values exist or whether the format of the query you entered simply is not consistent with the website’s expectations. Further, there is no search capability for some of the most useful types of data: art unit, examiner, judge, type of rejection, outcome of the decision, the class, etc.
To overcome this, Anticipat permits loose input so that you unambiguously get the results you need without having to prophetically predict the required format. And it does this for decisions for each type of authority. Anticipat has also taken the time to supplement decisions with their respective application information, such as art unit, examiner, judges, grounds of rejection, outcomes, etc. Only Anticipat’s database allows you to find all those cases using the most useful data for your analysis.
5) Unorganized data display – In addition to not being able to organize the data into one repository, as discussed in 3), the organization within the Final Decisions page is lacking. To its defense, the PTO does provide some organization to the various decisions. It organizes Final Decisions by (D) – Decision, (J) – Judgment, (M) – Decision on Motion, (O) – Order, (R) – Rehearing, and (S) – Subsequent Decision. However, the page does not allow you to display decisions by each type. Indeed, this organization of the types of decisions feels like more of an afterthought than as a way for users to effectively organize the data. Further, the organization does not go far enough. For example, within (D) – Decision are reexaminations, reissues, inter partes review, covered business methods, decisions on remand from the Federal Circuit, and regular appealed decisions. There is no way to filter these different types of decisions from each other without manually screening all the decisions in the results list.
To fix this, Anticipat database tracks the various different types of decisions so that one can easily filter by certain subsets of decisions or search within specified subsets. Each sortable column can be sorted in ascending or descending order. Other columns of different information can be added by selecting the checkboxed fields.
6) Downtime from 1:00AM – 5:00AM EST – Every morning, the PTO takes the FOIA Reading Room website offline and performs maintenance on the website. This may not be a big deal to some people, but for someone in another time zone or just in night owl mode, this four hour wait time can cost you a lot of time in accessing your desired decision or data.
Being hosted on a cloud server, Anticipat has now regularly interrupted maintenance time. You are free to use at all hours of the day.
7) Errors – Coming from a federal government website, it’s understandable that some of the decisions data contain errors. Some errors are minor such as the name of the decision being cut off because it includes an apostrophe. Others are more consequential like mismatching a decision with another application number or combining one decision with two decisions. Because every decision in the Anticipat database is verified using our proprietary systems, we work hard to catch and resolve the errors in the source data of every decision.
In conclusion, because of the above discussed deficiencies, ex parte PTAB data have been consistently overlooked because it simply cannot be effectively retrieved and analyzed by practitioners. While you may not realize it yet, this may be costing you your time and your money. However, Anticipat.com alleviates these deficiencies. Access the Research Database here.