Better Patents Now

A podcast from LexisNexis® IP with Chris Holt & Megan McLoughlin

Chris and Megan are patent attorneys who have spent the last few years knee-deep in patent data trying to improve how patent prosecution is done.

Chris invented the LexisNexis PatentAdvisor® product, a suite of tools for improving prosecution performance, and Megan helps him keep it running. Using tools like PatentAdvisor™, Chris and Megan explore how patent data can impact day-to-day prosecution and portfolio management decisions. Their goal is to bring more transparency to the process so patent attorneys can make decisions that lead to quicker timelines, better cost efficiencies and better patents now!

Listen to Better Patents Now to hear them talk about the best ways to utilize patent data in your practice. You can subscribe to our Better Patents Now email list and we’ll send you an email every time there’s a new episode published.

Meet the Hosts

Chris Holt

Chris is the Vice President of Patent Analytics, PatentAdvisor and has over 15 years of experience as a patent attorney specializing in U.S. and foreign patents in the electrical and mechanical fields, as well as for computer hardware and software inventions. As the co-creator of PatentAdvisor, Chris has helped bring transparency to the opaque patent prosecution process with never before available patent office analytics.

Megan McLoughlin

Megan McLoughlin is the product director for PatentAdvisor, a suite of patent prosecution management tools. Previously, she worked as a patent attorney at the law firm of Nutter, McClennen, & Fish– primarily drafting and prosecuting patent applications. Her technical focus reached into a variety of industries, including medical devices, the food industry, software, printers, and biotech. Megan has a B.S. in Bioengineering from Rice, and a J.D. from Harvard Law.

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Podcast Episodes

#57: Pro se what? A Deep Dive into Art Unit 3649

Inspired by a listener's question, Chris and Megan do a deep dive into art unit 3649: the “pro se” art unit. The USPTO created this art unit in 2015 to help guide pro se applicants—those who choose to represent themselves before the USPTO—through the...

#56: Put the “Lawyer” Back in Patent Lawyer

Patent practitioners typically turn to prosecution analytics to help them prosecute more efficiently. With the rise of fixed fees and a clientele that is constantly demanding more for less, there is significant pressure to complete tasks more quickly. But...

#55: Win the Patent Examiner Lottery

Chris and Megan remind leaders about the new proprietary metric, ETA (Examiner Time Allocation) and introduce two new deeper dive metrics. Before you file, these metrics will give you an understanding of your chances of "winning the examiner lottery" that will help...

#54: Shades of Red

Chris talks with Megan about his recent experience deciding how to respond to a first office action. He discovered that his application has ended up with an examiner who has a high ETA (Examiner Time Allowance), indicating a slowness to grant patents....

#53: A Patent Examiner’s Take on ETA

Having devoted years to developing examiner metrics that are both accurate and fair, Chris and Megan figured it made sense to ask for an examiner's perspective on his own ranking. In this episode, former patent Examiner Josh Rudawitz joins Chris and Megan...

#52: Inside Scoop with Former Patent Examiner Joshua Rudawitz

Megan interviews patent attorney Josh Rudawitz about his experience as a patent examiner. Josh discusses his career path at the USPTO and shares valuable insights about the level of autonomy granted to examiners at various points in their careers. Based on...

#51: Halloween: Be Very Afraid

In this Halloween-themed episode, Chris and Megan address situations in a prosecution that should make your hair stand on end. When something just doesn’t seem right, there may be a good reason to be afraid and take a deeper dive into the statistics. The...

#50: Nintendo Goes Green

Nintendo's IP portfolio is full of colorful patents--ranging from banana rubbing to rigging Mario Kart races. But equally interesting (at least, for patent data nerds) is the high percentage of applications that landed with green examiners. "Green"...

#49: Patent Prosecution Trainwreck

Chris and Megan review one of the longest prosecution histories recorded in public PAIR, for application number 05/849,812. Prosecution for application number 05/849,812 has spanned over 40 years, 19 Office Actions, and 7 appeals. For at least the past 20...

#48: ETA: The Ultimate Alarm System

Chris and Megan revisit their revolutionary metric for examiner behavior: ETA (Examiner Time Allocation). Although this new way of examining examiners has caught on quickly—and even inspired a few copycats—it has also sparked a lot of debate. In this...

#47 Patent Analytics: Table Stakes for Law Firms

Chris interviews Ken Gemmill, Business Operations Manager for LexisNexis IP. In his career, Ken has witnessed the birth of analytics entering the patent business. He routinely speaks with law firms that are using analytics in their patent prosecution....

#46 Troubled Patents: Should We Get Aggressive or Give Up?

Chris shares an experience from an Association of University Technology Managers (AUTM) Regional Conference where he sat on a panel representing the perspectives of a client, attorney, patent office and analytics. Each panelist shared from their point of...