As a patent practitioner, you see different grounds of rejection all the time. Let’s imagine that one Office Action from a particular Examiner has a rejection that you think is bogus. It’s very likely that this Examiner has made similar types of rejections in other cases. Imagine if you could easily see the instances where the authoritative body for this particular Examiner (the PTAB) told the Examiner that this exact ground of rejection was indeed wrong. This information could be very valuable because the Board’s reasoning can be insightful to other cases that have similar rejections.
With Anticipat Research you can look at Examiner’s appeal history in this very way. Our unique methodology that annotates each appeal decision by ground of rejection and outcome allows for easy identification of specific grounds of rejection.
Let’s say you want to see how often your Examiner was reversed on “101 – Patent-ineligible subject matter.” Simply select this ground of rejection filter in the issue section, then input your examiner’s last name. Here, we insert the last name “Hoffman,” select “Reversed” in the outcome section and hit Apply Filters. See below image.
As can be seen, the “Recap” column gives you a high level overview of what the Board decided in each of the displayed decisions.
To broaden the search further from the above example, you may consider selecting the outcome “Affirmed-in-part” in addition to “Reversed”. By selecting “Reversed” and “Affirmed-in-part”, you will see decisions where the Board reversed all claims and where the Board reversed some claims, but affirmed others.
You can use Anticipat Research for more general information. Say you want to look at all the recent Section 101 – Patent-ineligible subject matter decisions that are reversed. Simply input a date range, select “Section 101 – Patent-ineligible subject matter” and hit Apply Filters. You can then add columns to your results. Say you want to see the art units where these reversed grounds are coming from. Simply select art unit. And the column appears.
With Anticipat Research, you can discover trends and patterns that can concretely help you in your patent prosecution practice.
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