Chris and Megan discuss the sequel to Moneyball, in which Michael Lewis points out flaws in human decision-making that have applicability to patent prosecution. Like most experts, patent practitioners have inherent biases that can negatively impact their strategic decision-making. And just like the sports industry, the patent industry is undergoing a revolution due to the emergence of data that can help mitigate these biases.
Chris introduces Megan to a revolutionary way of measuring patent examiner behavior: ETA (Examiner Time Allocation). Unlike allowance rate, ETA provides an estimate of both the chances of and time to allowance. And because it is based solely upon the examiner's own behavior, it is not biased by abandonments out of the examiner’s control.
Chris evaluates the current status of bitcoin-related patent filings at the USPTO. Attention is also given to a proposed strategy for identifying pockets of art units in the patent office where a particular technology of interest might be assigned.
Chris looks at the history of a patent granted for a device intended to detect when Santa Claus is entering a house by way of the chimney. Some time is also given to a discussion about whether patents in the silly category are good or bad when it comes to the corresponding impact on the integrity of the broader patent system.
A rebroadcast of a recent webinar with BPN Host Chris Holt and Eric Zaiser, Patent Counsel at Google. Chris and Eric discuss thinking through the issues involved with balancing your relationship with outside counsel while taking ownership of strategic decisions related to your patent portfolio.
Jonathan (producer of BPN) asks Chris what he has learned from his business travels around the world. Chris reflects on how Asia, Europe, and the United States have each reacted a little bit differently to being challenged to transition to data-driven decision making during pre-grant patent processes.
Chris introduces the audience to the producer of BPN, Jonathan Rundman. Chris and Jonathan pretend to meet at a cocktail party. Jonathan, having no real background in the patent industry, asks Chris about his job. Chris explains exactly what it means to work in the pre-grant patent data industry.
Chris and Megan identify five specific decisions that patent prosecution attorneys should typically never make without being informed by relevant data. The emphasis is on anticipating a most likely outcome instead of guessing.
Chris and Megan interview Joe Kelly, of Kelly, Holt & Christenson, about basic response writing techniques for optimizing the likelihood of a desirable outcome during patent prosecution. Joe also explains his "multiple paths to allowance" amendment strategy.