Successful Results...

95 % Success Rate

Overall, more than 95% of the patents I have written have been allowed. Only 6 out of about 150 examined applications have been completely rejected or abandoned. Three patents required a continuation before being allowed, and another 5 were divided into 2 separate patents allowed by the examiners. This has improved since I last looked at the numbers in 1997, when I found that 84% of my applications that have been examined by the Patent Office have or will issue as patents.

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 Allowances

One 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 in the last few years. 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@gmail.com 

gPatent LLC

429 26th Ave.

Santa Cruz, CA 95062

(831) 476-5506

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