#37: The Undoing Project by Michael Lewis: Book Review

March 5, 2018

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.


#36 Birth of the Ultimate Metric

February 26, 2018

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.


#35 Bitcoin-Related Patent Filings at the USPTO

January 8, 2018

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.


#34 Impact of Crazy Christmas Patents

January 2, 2018

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. 


#33 Taking Ownership of Your Patent Portfolio

December 22, 2017

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.


#32 Around the World in 22 Minutes

December 11, 2017

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. 


#31 What is the Pre-Grant Patent Data Industry? The Cocktail Party Explanation

December 4, 2017

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.


#30 Let’s Play Prosecution Golf

November 20, 2017

Chris and Megan discuss what they see as the proper way to evaluate whether patent prosecution has gone well. Emphasis is placed on establishing proper benchmarks on an application-specific basis.


#28 Top 5 Decisions That Require Patent Data Context

November 6, 2017

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. 


#27 Back to Basics with Attorney Joe Kelly

October 30, 2017

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.