Better Patents Now

#21 Reality Check


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Megan reviews prosecution statistics for a couple of very difficult examiners. Although they are not the norm, examiners who rarely or never allow certain types of applications do exist. Now that prosecution statistics are readily available, does IP counsel have a duty to investigate and disclose problematic statistics to their clients? Is there also a duty to adjust prosecution strategy for "dead end" examiners?
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Better Patents NowBy LexisNexis® IP, Chris Holt, Megan McLoughlin