Rowan Analytics Insights
Patent Prosecution Analytics Benchmarking Report – November 2021
Analyzing 112 Rejections Received by Top Filers in 1700 Technology Center
In October, we reviewed the Office actions received by the highest volume filers in the USPTO 1600 technology center, consisting of biotechnology and organic patents. We were surprised to find that the most frequent filers received more 112 rejections than the US national average. This is the opposite of what we had seen with traditionally high-tech sectors – computer networks (2400), communications (2600) and semiconductor / electrical (2800) – where the prolific filers enjoyed lower rejection rates than the average of their peers.
This month, we are moving to the 1700 technology center – the chemical and materials engineering fields. In examining the 112 rejection rates, we found that unlike the biotechnology and organic tech center, the top filers by volume in chemical and materials engineering enjoy lower rejection rates than the average.
Across all filers in the 1700 tech center, we see 44% of the Office actions containing a 112 rejection. The five most prolific filers are all lower than this, ranging from 33% to 38%.
When looking at those Office actions containing only a 112 rejection, the top five again do better, ranging from 1% to 4%, compared to the average of 7% across the entire tech center.
These filers more closely mirror those in the high-tech sectors – with better than average results in avoiding costly 112 rejections. Have they deployed technology to assist them in avoiding such errors? Does the experience that comes with higher volumes lead to fewer preventable errors?
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Sources: USPTO, Rowan analysis
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