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Turn the innovation into a patent? This can be an uphill battle. I understand the risks. The process isn’t just about an idea—it’s about managing the pipeline of ideas from your engineering team, R&D department, or even external collaborators.
The obstacles are real. Some ideas may not meet the novelty threshold. Others may face tough patent examiners, leading to costly rejections. This leaves you with critical decisions: “Should we move forward or shift resources elsewhere?“Entrepreneurs are always faced with difficult decisions, so it is very important to weigh the risks.
I’ve seen companies pour tens of thousands into apps that go nowhere—resources that could have protected stronger ideas or fueled other growth and development. But it shouldn’t be like that. By using concepts such as knowing the likelihood of favorable treatment for your application, you can make smarter decisions and avoid wasted effort.
For 25 years, I’ve worked with both startups and established businesses to overcome these challenges. I saw what worked and what didn’t. Here I share my five effective strategies to increase your chances of success.
Related: How to Secure High-Quality Patent Claims — 5 Key Steps for Portfolio Managers
5 keys to a smoother, more successful patent prosecution
A client once told me:We didn’t just want patents—we wanted patents that mattered.” That’s the essence of a winning patent strategy: securing the protection of innovation that aligns with business goals and drives growth.
To achieve this, I always emphasize:
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Focus on ideas with a higher probability of enterprise value
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Anticipate where your application will land before it is filed
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Adapt your tactics based on examining analytics
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Track your patent portfolio with real-time insights
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Build patent families around a core innovation
Let’s explore how to apply them.
1. Focus on ideas with a higher probability of enterprise value
The first step to increasing your chances of obtaining a patent is to identify ideas that are truly worth protecting. Filing multiple applications for half-baked concepts can waste your time and budget while filling your portfolio with ideas that will never last or deliver real value.
The solution? Start by networking widely to collect ideas within the enterprise, then refine them strategically. Bring together your team—engineers, inventors, patent attorneys, and business decision makers—to assess each idea’s novelty, feasibility, patentability, market potential, and fit with your overall business strategy.
Use innovation management tools to facilitate this process and gather feedback. At the same time, collaboration features like idea editing and feedback tracking can help your team quickly zero in on the most promising innovations. By focusing on high-value ideas that align with strategic goals, you’ll save time, reduce costs, and ensure that your patenting efforts add real business value.
With your best ideas, the next step is to give them the best chance of success – starting with predicting where your application might land in the patent office.
2. Anticipate where your application will land before it is filed
It can make or break your success at the patent office where your application is filed. Applications are assigned to different groups specializing in specific technologies. Some of these groups have high allowance rates, while others are known for high combat. Focus on the right aspect that will reach favorable decision makers to quickly protect your innovation while saving on budget.
What if you could predict the destination of your application before you submit it? there is predictive tools Analyzing the content of your app to predict its likely destination. This insight helps you clarify claims or change terminology and helps you focus on not getting stuck in a black hole, ultimately reducing delays, saving costs and improving the likelihood of approval.Knowing what lies ahead is half the battle.“
While these tools are invaluable, remember that no predictor guarantees success. The next challenge is preparing for battle with the patent examiner assigned to your case.
Related: 5 Benefits Patent Management Software Must Offer
3. Adapt your tactics based on examiner analytics
A designated examiner can significantly influence the outcome of another decision maker without a real opportunity to switch. Some examiners, such as Janice Mooneyham, who have a near-zero allowance rate (ie, a 1.64% allowance rate), are very difficult and are sometimes called “patent killers”. Dealing with such examiners often results in repeated rejections, prolonged examination, and increased costs, making the path to a granted patent more difficult, if not statistically impossible.
However, with the examiner’s analytics tools, you can get a preview of the examinee. These tools reveal key insights such as benefit rates, average office moves, and typical follow-up times. For example, if your examiner averages six rounds of arguments with a 20% success rate, you can refine the claims early or move on to other strong cases that are more likely to receive benefits.
Now, most examiners are reasonable, but knowing when your patent killer is allows you to manage your entire portfolio with a statistical insight perspective. This is where analytics is important.
4. Track your patent portfolio with real-time insights
It is difficult to quickly evaluate a portfolio of patents. After your application is filed, it is vital to follow up on updates from the patent office regarding your case. Although this step does not directly ensure a successful patent, it helps to strategically manage the prosecution.
For example, tracking actual and projected arguments in patent prosecution can reveal when a case is headed for long-term prosecution. So, if a case is in the fourth arguments stage but is expected to be decided twice for the appointed examiner, this is a clear signal to recalibrate your strategy. It’s important to identify the root cause—whether it’s to refine the claims, reevaluate your patent counsel, or decide to abandon the application altogether. Taking corrective action in time can save significant time and resources.
However, patents rarely stand alone—they are often part of global families gathered around the original filing.
5. Build patent families around key innovations
Patents rarely stand alone. A single patent application often creates a family of patents – one or more applications filed in different countries covering different aspects of your innovation. Family tree concepts help align these documents globally, turning individual victories into broader successes.
For example, if a US patent is issued after specific claim amendments, you can use it to direct applications in Europe or Asia, saving time and money. Also, there may be ongoing requests for ideas that differ from the initial submission. I’ve seen companies avoid costly mistakes by spotting denial patterns across jurisdictions and adjusting strategies early.
With these tools, you can close the gaps, succeed, and develop a consistent, profitable global strategy.
Related: Poor Patent Management Can Have Disastrous Consequences for Your Business – How to Avoid Them
Play to win
Patent prosecution is not just about acquisition; it’s about winning. It’s about turning your best ideas into competitive advantages that drive growth and protect your market.
Winning takes more than effort; it requires strategy, precision and the right tools. Tools provide insights — predict where your application might fall, understand examiner behavior, and track your portfolio in real-time.
But tools alone are not enough. Success Requirements:
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Smart strategy: Prioritizing ideas and knowing when to pivot.
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Alignment of the team: Connecting decision makers, inventors and legal groups.
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Expert execution: Drafting and responding effectively to airtight claims.
With the right tools and a winning mindset, you’ll make informed decisions and secure high-impact patents.