| Stuart T. Auvinen
Patent Agent Reg. No. 36,435 |
|
gPatent LLC 429 26th Ave. Santa Cruz, CA 95062 (831) 476-5506 |
Successful Results...
90 % Success Rate |
| Overall, 90% of the patents I have written have been allowed. Only 61
out of about 570 examined applications have been completely rejected or
abandoned. From 1994 to 2006, my success rate was 95%. From 1994 to 1997,
I had an 84% success rate.
By comparison, the USPTO overall allowance rate has varied from a low of 50% in 2009 to a high of 80% in 2000, and is currently at 70%. I had one case go to Appeal within the Patent Office. We won the appeal with the Board of Patent Appeals and Interferences at the Patent Office. One of my Patents is being litigated in court. We got a favorable decision from the Patent Appeals Court, the CAFC. |
First-Action AllowancesOne key goal of LP-CD practice is to avoid arguing the patentability of any claim during prosecution. Anything we say "can and will be used against us" by an infringer in court. When the first letter from the Examiner is an allowance (a first-action-allowance), there is no prosecution, since the examiner allowed all claims without any disagreement. There is nothing for us to argue, no chance for us to put our foot in our mouth. How are we doing towards the goal of Zero prosecution ? First-action allowances account for 40 % of my patents issued before 2006. Another 28% have some claims allowed on the first office action. Usually only minor edits are needed before the patent issues, minimizing prosecution. Thus two-thirds of my patents have little or no prosecution. |
| Of course, "past performance is no guarantee of future results…" |
| Stuart T. Auvinen
Patent Agent Reg. No. 36,435 |
|
gPatent LLC 429 26th Ave. Santa Cruz, CA 95062 (831) 476-5506 |
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