The Prosecution Data Most IP Attorneys Never Look At

Examiner-level allowance patterns are public, stable, and almost never consulted before a first response.

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LexDana Editorial
July 29, 2026Federal Circuit1 min read

Most prosecution strategy is set before anyone looks at who is actually examining the application.

What is sitting there unused

Every examiner has a history: allowance rate, average number of office actions, how often an interview changes the outcome. None of it is secret.

The gap is not access. It is that the data arrives after the decision it should have informed.

A cheaper habit

Pull the examiner's record before drafting the response, not after the second rejection. It changes whether an interview is worth requesting far more often than practitioners expect.

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