Analyzing 112 Rejections Based on Total Office Actions
This month we are taking a look at the number of 112 rejections compared to the total number of Office actions received by a filing entity during patent prosecution. We began to notice that the companies with the most Office actions had a lower percentage of 112 rejections than the average, and it piqued our curiosity, so we dug in a bit deeper.
We studied 22,726 Office actions received by 9,519 entities in June 2021. On average, 37% of the Office actions contain a 112 rejection. When we averaged the top 20 Office action recipients, which represents a third of the total Office actions received, the percentage containing a 112 rejection dropped to 26%. This means as a group they received almost 30% fewer 112 rejections than the average. As we expanded to the top 50 Office action recipients, the percentage of Office actions containing a 112 rejection held at 26%, but when we expanded to the top 100, the percentage started to creep up, to 29%.
Next, we looked at the entities that had received 10 or more Office actions, which is the top 286 Office action recipients. Their average percentage of Office actions with a 112 rejection grew to 31%. And when we expanded the analysis to the top 1000 recipients, the percentage of Office actions with a 112 rejection surpassed the average at 40%.