All of the metrics currently used to measure corporate and law firm prosecution performance suffer from the same deficiency: they are highly dependent on the difficulty of the assigned examiner. At the extremes, this is obvious and expected. Everyone expects a law firm working primarily on software applications to have a lower allowance rate than one focusing on medical devices. However, examiner behavior can vary drastically even within a single art unit, meaning that a few rounds of bad luck could significantly affect a law firm’s statistics, particularly if it is small.

Learn how to overcome examiner behavior variability and objectively measure prosecution performance.

Topics discussed include:

• The problems with relying on allowance rate
• Examiner variability at the USPTO and the impact on prosecution performance
• How to objectively measure and manage outside counsel
• How law firms can prove they are outperforming the competition