How much will this Art Unit Cost to get a Patent?

Have you ever had an application with numerous RCEs that occurred over a number of years before it was finally abandoned? This type of scenario is a costly drain on your IP budget. Understanding likely prosecution costs can allow your company to execute on better strategic decisions so you can more cost-effectively prosecute your patent applications.

You are tasked with identifying your patent portfolio’s strengths and weaknesses in order to effectively protect your company’s innovative technology and efficiently allocate resources. In order to gain true insight into the health and performance of your company’s patent applications, you need to leverage data analytics.

Utilizing patent data analytics you can create a report that shows examiner allowance rates filtered by art unit so you can understand the relative likelihood of an allowance from a particular art unit. The chart below shows the range for allowance rates, average number of OAs and time between the first OA and patent issuance. The heat map below the chart allows you to quickly ascertain that nearly 70% of the applications within this art unit have less than 3 office actions.

LexisNexis PatentAdvisor® allows attorneys to review this information with a suite of analytics tools to make it easy to understand the impact examiners and art units have on one or all of your patent applications. Using the visualization tools from PatentAdvisor, attorneys can quickly generate reports with multiple data sets, generate statistical heat maps, and create customized filters to identify trends and data points.

In addition, you can also use analytics from PatentAdvisor™ to see how your law firms are performing compared to others in an individual art unit in an alignment report. Averages from an art unit can also be drawn for your company to compare to your competitors’ averages. In the example below, drawn from actual data from art unit 3763 (Surgery), the information is shown for the top ten law firms by number of patents prosecuted for this art unit (you can add only your current law firms if you desire). Although the top ten law firms are doing better than the art unit averages for most metrics, there is significant variability among these experts. Law Firm 2 clearly surpasses the others with a shorter time period to allowance and fewer RCEs and appeals while also delivering a very impressive allowance rate. Utilizing data analytics can provide objective measures for what has traditionally been a very subjective process of selecting counsel.

AU 3763

Allowance Rate


% Appeal

Time from 1st OA to Allowance





1Y, 9M

Law Firms

Law Firm 1





Law Firm 2





Law Firm 3




1Y, 1M

Law Firm 4





Law Firm 5




1Y, 3M

Law Firm 6




1Y, 3M

Law Firm 7




1Y, 1M

Law Firm 8





Law Firm 9




1Y, 2M

Law Firm 10





PatentAdvisor provides unparalleled visibility into the USPTO so you can objectively make prosecution decisions to improve your strategy. By utilizing data-driven information to optimize prosecution decisions while reducing your overall patent prosecution costs.

LexisNexis PatentAdvisor®

Two-Day Trial

Get to know your examiner better with more context and a deeper understanding of your examiner’s behavior than ever available before.

With your free trial, you will gain instant access to:

Examiner Search allows you to search by examiner name for a filterable, examiner specific dashboard of patent analytics, including rejection specific statistics, appeal statistics, prosecution statistics, interview statistics, a backlog of RCEs and timeline.

QuickPair easily replaces the USPTO Public PAIR by providing the most robust application details anywhere, including examiner timeline, examiner allowance rate and the average time and number of office actions to allowance.

PatentAdvisor, the first-ever data-driven patent strategy tool, provides a systemic approach to crafting an effective prosecution strategy. Understand why certain patent applications take longer than others to reach allowance—then use that knowledge to devise better patent prosecution strategies.

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