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What Data-Driven Patent Prosecution Looks Like

When your EP patent application reaches a critical stage, such as Oral Proceedings before the Examining Division at the European Patent Office (EPO), you really need to evaluate your next steps.

 If you didn’t succeed in writing, why will you be able to convince the Examining Division during Oral Proceedings? For patent applications that protect core inventions, will you simply conclude that you “just have to go and try”? How do you justify the cost? 

Some Examiners explicitly tell the Patent Attorney that there is no point in conducting the oral proceedings and please just go ahead an appeal. It sounds more formal when the Examiner says it (see below), but the message is the same.

The problem is that not all EP patent attorneys are data-driven, so they do not know how to put such a statement into perspective. If a statement like the one below comes from a Marvel-type Examiner (see the full report), your best option might be to do exactly what the Examiner says. 

Our unique Qthena Prosecution Risk Score (QPRS) provides a sophisticated proprietary indicator that early on alerts the patent applicant about the potential risk associated with the EP prosecution.

Our backtesting has clearly shown that a higher Qthena Risk Score clearly correlates with outcome of no grant. Meaning, as shown by the below results, when a high Risk Score is calculated it is less likely that a patent will be granted.

Studying the decided cases since 2018 of a large Patent Applicant in view of the proprietary ipQuants risk score – the Qthena Prosecution Risk Score (QPRS) - highlights the importance of data-driven insights.  It clearly follows from the below chart that the outcome of an EP application strongly correlates with the calculated Risk Score QPRS. A higher risk score results in fewer granted patents.

You can access the full paper here.

Want to see the Qthena Risk Score for your portfolio? Get in touch today.

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What Data-Driven Patent Prosecution Looks Like

When your EP patent application reaches a critical stage, such as Oral Proceedings before the Examining Division at the European Patent Office (EPO), you really need to evaluate your next steps.  If you didn’t succeed in writing, why will you be able to convince the Examining Division during Oral Proceedings? For patent applications that protect […]

READ MORE

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