Rowan Analytics Insights
Patent Prosecution Analytics Benchmarking Report – March 2022

Rejection Rates for Top Filing Law Firms in Biotechnology / Organic
After we investigated the Technology Centers frequented by many high tech companies in February, this month we move to 1600, comprised of biotechnology and organic patents. Again we identify the top firms in terms of volumes of issued patents and examine their 112 rejection rates in Office actions compared to national averages.

In Tech Center 1600, the top filing firm is Fish & Richardson, with 770 applications in 2020. Following them is Foley & Lardner at 739, and then a drop to 399 applications by Kilpatrick Townsend & Stockton. How did these three compare with the national average in terms of percentage of 112 rejections in their Office actions? For the last year, Rowan has been exploring whether higher volumes of applications, whether analyzed by company or by law firm, leads to a lower rate of 112 rejections.

In the chart, we see both lower and higher than the national average, but all very close to both each other and the average. Fish & Richardson, with the highest volume, did the best, slightly better than the national average of 52%.

With this Technology Center, while the differences are only in single digits, Fish & Richardson, the firm with the highest volume, does end up with the lowest percentage of 112 rejections. This was also true in the 2400 and 2600 Technology Centers. Is this due to their deployment of technology to assist in error prevention? Or do they utilize different internal workflows that place an increased emphasis on catching these issues prior to filing?

Note: Harrity Patent Analytics has released their top legal firms of 2021, with several changes in position. In order to remain consistent with our past analysis, we have used their top legal firms of 2020 for this article. In a future edition we will examine differences between 2020 and 2021.

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Sources: USPTO, Rowan analysis

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