Today, we showcase part of Anticipat Practitioner Analytics, a tool we believe will help you succeed in your practice.
Before we get too deep, a brief foundation is in order. A “reversal rate” for a particular ground of rejection is how often the Board overturns an Examiner’s rejection on appeal. A reversal rate can be used for a given Examiner, art unit, tech center or global USPTO levels.
Anticipat Practitioner Analytics provides you with these reversal rates for any application number.
Simply input an application number at the top of the page, and the engine takes care of matching up the Examiner, art unit, and tech center for this application. See below image.
After clicking “GO”, the reversal rates for this application’s Examiner, art unit and tech center are displayed.
This captures some interesting insights. The first relates to the graphs, where the blue color represents the percentage completely reversed and orange represents the percentage partially reversed. The higher the reversal rate for the Examiner compared to other higher-up levels, the less reasonable this type of rejection for this Examiner in general. This is because the more often an Examiner issues unreasonable rejections, the more likely the Board will overturn on appeal.
Take Examiner Borissov above as it relates to Section 101 patent-ineligible subject matter. Having a wholly reversed rate of 50%, this Examiner has a much higher reversal rate than his art unit, which has a wholly reversed rate of 12%. If the Board is overturning the Examiner on this ground that much higher than his art unit, the Examiners Section 101 rejections may not be as sound.
The second interesting insight relates to the numbers of decisions (including the hyperlinked parentheticals). These numbers provide greater context at each level of hierarchy. Plus, by clicking on these decisions, you can find the very decisions that the Board overturned (either partially or completely) for this particular Examiner, art unit, or tech center.
While only Section 101 – patent-ineligible subject matter is shown, this breakdown is available for every ground of rejection.
If you would like to do a lookup for only Examiner or art unit, the fields allow for more targeted lookups. Plus, if you are curious about a particular window of time, you can use the date range to narrow the results. This can come in handy as in some areas the laws can change rather quickly.
Please reach out to us with any questions or comments. We’re standing by for any questions or comments. If you would like for us to demo the product to a group, we are more than happy to do so.