Damn Lies and Patent Law Statistics: Getting Data to Identify Trends in Patent Legal Actions

By , August 22, 2011 9:37 am

by Amy Eaton
An advanced AALL PLL/SIS PERSPECTIVES article

This 30 minute PLL program quickly reviewed the fee-based and free resources we may consult to help us determine the best resources for reliable patent statistics. Amy Wisinski, of Winning the Case, sped through a number of resources which I will briefly summarize.

The USPTO has added a new Patent Dashboard to their statistical analysis page. This is visually appealing but summarizes only recent activity. The USPTO continues to offer statistical analysis based on calendar or fiscal year in html or pdf. The EPO provides patent filing statistics back to 2001 in a downloadable spreadsheet. WIPO also provides access to filing statistics such as the number of filings, granted, in force and intensity.  The WIPO data is particularly dense and in some cases goes back as far as 1883.

The fee-based systems include West Monitor Suite and Innography. Both products integrate patent data with company information. Company statistics are also available from IPO Today and the IP Today Corporate Parent Scorecard.

Patent litigation statistics can be found from a list of products including PACER, the Administrative Office of the Courts, LegalMetric, Docket Navigator, Winning Case, West Monitor Suite, Lex Machina, Innography and Paragraph Four. These tools help us answer questions about the judges, clients, litigants, etc. Although these tools are very helpful, they do have limitations.  Data is rarely updated in real time and extensive analysis by the fee-based products can take time. Caveats include clerk errors, lag time, and the one nature of suit limitation.

International Trade Commission investigation statistics are available on the ITC website.  Additionally, you may search use the advanced search feature to build your own statistics. Law firm statistics may be built by consulting a number of resources including IP Law Today, Managing IP Annual Top 50 List and IPLaw360. Law firm data available includes win/loss rates, number of trials, cases filed and patents awarded.

I have to admit I was not familiar with all of these products prior to the presentation and promptly explored a few of them.

Links included in the presentation:

  • Free resources

http://www.uspto.gov/dashboards/patents/main.dashxml
http://www.uspto.gov/patents/stats/index.jsp
http://www.epo.org/about-us/statistics.html
http://www.ipo.org/AM/Template.cfm?Section=Top_300_Patent_Owners
http://www.iptoday.com/issues/2011/07/corporate-patent-scorecard.asp
http://www.uscourts.gov/statistics.aspx
http://www.usitc.gov/press_room/337_stats.htm
https://edis.usitc.gov/edis3-external/app
http://www.aipla.org/learningcenter/library/books/econsurvey/Pages/default.aspxhttp://www.iptoday.com/issues/2011/03/top-patent-firms.asp
http://www.patstats.org/

  • Fee-based or subscription resources

http://www.innography.com/
http://west.thomson.com/products/services/monitor/suite/default.aspx
http://www.pacer.gov/cgi-bin/links.pl
http://www.legalmetric.com/
https://docketnavigator.com/entry/home
https://lexmachina.com/
http://www.winningcaseinc.com/
http://www.paragraphfour.com/
http://www.law360.com/ip/
http://www.managingip.com/Article/2864492/Shaping-the-future-of-IP.html

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