Know the Examiner

When you get a first action from the US Patent Office your examiner’s name and art group will be indicated.

There are web sources that track each examiner’s allowance rate and other statistics, and assign a rating from 0% to 100% for difficulty of dealing with the examiner. A lower difficulty rating indicates your examiner may be more reasonable and easier to deal with. A high rating, just the opposite.

Further, on the last page of the action the examiner signs. If the signature is made as initials followed by a different name as a Primary Examiner, this means you examiner is a lesser experienced Examiner.

Once web source for Examiner Stats is Patent Bots Examiner Statistics https://www.patentbots.com/stats/

You will get an entry field for the examiner’s last name, and when entered, a drop down menu of examiners with that name. When you select your examiner you can access a sliding graph showing his or her difficulty rating.

If your examiner’s difficulty rating is below 60% you may be in luck. If over 80% the chances of this examiner allowing your case is low. You must plan and prepare in the examination to go to Appeal.