This article focuses on
how patent prosecution data analytics can be applied to the valuation of
patents. Because there are a variety of methodologies for such valuations, and
each method uses multiple metrics for establishing patent value, the scope of this
discussion will be limited to a base case scenario involving a newly-issued
patent associated with little or no relevant litigation data. Further, it
is assumed that the patent can be evaluated relative to a statistically
significant data set of patents in the same or similar technology spaces.
Finally, the patent is assumed to be valid. With this context in mind,
throughout this article multiple patent prosecution statistics will be
evaluated for use in valuing the patent, including allowance rate, number of
office actions, and Patent Trademark and Appeal Board (PTAB) review
disposition.
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