PORTAL

Law Firm Prosecution Index (LPIX): Moneyball for Patent Prosecution

Sports have long used efficiency ratings to analyze players. Made famous by the movie “Moneyball”, Oakland A’s general manager at the time, Billy Beane, used data-driven tactics to form and operate the baseball team. Unified Patents examined this approach in depth and found that there were no current solutions that could effectively, efficiently, and consistently rate law firms during patent prosecution on both an overall approach and per art unit approach. 

Unified started from the premise of “Which law firms do a better job getting the (1) broadest and (2) most valid claims (3) allowed and at a (4) cheaper rate & at a (5) faster rate?" With this premise, three factors stood out to answer this question. The first being our Broadness Index (BRIX), the second being total applications, and finally pendency. 

On a basic level, LPIX is the Normalized Value of (BRIX * Pendency * Total Applications^2). The formula squares the Total Applications factor to account for consistency. The comparison with the movie reference here would be at the bottom of the ninth, tied scored, two outs with bases loaded, do you want the player that maybe, one out of hundred times can hit the grand slam, or do you want the player that consistently gets on base giving the team a win? Using that same principle and applying it to patent prosecution, a client would want a firm that they know can consistently prosecute and file a high-quality patent each and every time. 

LPIX currently consists of 3,153 law firms in their respective art units. Our coverage spans over 3 million office actions and 1 .7 million patents granted since 2008. It currently utilizes the Office Action Bulk Data set from the USPTO.

Portal now integrates this data and can show the overall scores of law firms, per unit basis, and also a combination of art units. Click on Prosecution under the Patent filter on the left in Portal:

The first table on the left shows the Top 20 Art Units in terms of Allowance Rate, while the middle shows the Top 20 Examiners in terms of Allowance. The third table on the right shows the Top 20 Law Firms sorted by LPIX. A user can also sort by Allowance Rate for the Law Firms as well.

By entering an Art Unit number, a user now can see the overall scores for that Art Unit. Below is an example where we typed “2872” and can see the scores and rankings for that particular art unit.

This analysis can be taken a step further by clicking on the individual Art Unit.

LPIX is divided into four quadrants. The green represents areas where a law firm is successful, as opposed to the red area where this represents law firms that were unsuccessful. In other words, the top right represents firms that are effective, efficient and consistent. The lop left would be the opposite in which firms are ineffective, inefficient, and inconsistent. The gray area represents law firms that may, for instance, be able to obtain broad patents in a faster time but are below the average in BRIX. Whereas the upper left, may be due to a longer pendency than average. 

Here, the Y-axis represents BRIX, the X-axis represents the pendency to grant. The Z-axis, or the circle diameter, represents the total amount of applications.

The purpose of this graph is to show law firms that are efficient, effective, and consistent. This also allows companies to select law firms on their own criteria.

Users have the capability to analyze art units in a combined area. Our example below looks at air units 2871-2879:

LPIX is the only tool that accounts for both subjective and objective factors in measuring a law firm’s ability to achieve success during patent prosecution. Companies now have the ability to understand a law firm’s success in a given art unit, while being able to set their own patent strategy.

For more information about LPIX, please visit our support page

Unified Urges Federal Circuit to Reverse Western District's Prejudged Blanket Rule Denying Contested Stay Motions

On April 26, 2021, Unified, along with The Computer & Communications Industry Association (CCIA) and CableLabs, filed an amicus brief in re Vulcan Industrial Holdings, a petition for mandamus of a denial of a stay by Judge Albright in light of an instituted PGR (PGR2020-00065). In the brief, amicus argued Judge Albright has clearly abused his discretion by openly adopting a rule against stays that "smacks of prejudgment." Here, Vulcan diligently filed a PGR two and a half months after the patent grant and just one and a half months after the complaint was filed, but the Court found even that aggressively early filing was dilatory, ignored the certain simplification of issues that the USPTO instituted on all claims, and applied an erroneous legal test despite clear guidance from the Federal Circuit and myriad district court rulings.

A copy of Unified’s amicus brief is provided below.

Unified Portal launches AI-based prior art searching for US patents

Unified is happy to announce a new feature to quickly find prior art on US patents with our Portal tool. Through a partnership with PQAI, a researcher will receive the most relevant prior-art results to determine the novelty and obviousness of the patent in question. Unified Portal offers three ways of searching for prior art:

In our patent detail page next to the patent title, there is a button labeled "Find Prior Art". Clicking this button will provide our user with a list of potential prior art patents to review. These results will be shown in Portal’s patent search page with its corresponding query string.

Reading through the patent within Portal’s patent detail page will also give our users an opportunity to search for prior art on a specific claim they would like to research further:

Screen Shot 2021-04-23 at 2.06.22 PM.png

The third way of searching for prior art within Portal is to search by natural language here: https://portal.unifiedpatents.com/patents/prior-art/pqai

If results are found, up to 10 results are produced to help researchers and inventors determine the novelty of their inventions. For more details or to ask questions, please email info@unifiedpatents.com.

RNIX & SVIX, the first tool set to help objectively save on annuities

With patent annuities sky rocketing into the billions of dollars over the next few years, Unified has developed the world's first tool set to objectively help in deciding what to continue paying annuities on. Unified algorithms calculated 70 million unique patent families based on their Patent Value (PVIX) and an indexed score of their future lifetime cost (SVIX). Combining these two items together makes RNIX, the world's first tool which provides portfolios managers an objective and easy way to quickly ascertain which families are likely to provide the highest value at the lowest cost (and vice versa).

Combined with tools to evaluate patent broadness (BRIX) and validity (APIX), Unified provides the first comprehensive and completely objective set of tools based on academic rigor to help patent portfolio managers effectively evaluate and prioritize.

Read our academic study on SVIX and RNIX below, and for examples of SVIX and RNIX in action on Airbus and Boeing portfolios, please click HERE.