Brett Belden Highlights How Examiner Analytics Shape Patent Prosecution Strategy
Foley & Lardner LLP partner Brett Belden was featured in the Managing IP article, “‘Patent prosecution is a poker game’: How Examiner Analytics Shape Strategy.”
Belden explained that once an examiner is assigned, prosecution strategy is tailored to that examiner’s tendencies and track record. Drawing on his experience, he said he is “more likely to recommend a request for continued examination to continue prosecution before an examiner, rather than appeal” when the data suggests the examiner “will be open to reasonable amendments and arguments.”
On competitive advantages, Belden noted that some firms have gained an edge by “licensing or developing tools for tracking and evaluating examiner statistics and tendencies.” However, he emphasized that “the greatest competitive advantage comes from integrating these into the standard operating procedures of your practice and team.”
“Patent prosecution, like many other areas of law, can be viewed as akin to a poker game. It is not just about the cards you are holding; it is also about the person across the table,” Belden concluded.
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