Written by: Timothy Snowden
General Patton’s victory over Rommel made famous his diligent approach to preparation. The imaginative proclamation, “Rommel, I read your book,” highlights the careful strategic framework Patton prepared prior to engagement of one of the leading military strategists of the era. Patton did not solely rely on his own strategic skill, but thoroughly studied his opponent’s own strategies and thought patterns. Refining his own model with situation-specific data (Rommel’s book), he then applied his ‘calibrated model’ to effect a strategy that outwitted and outmaneuvered the ‘Desert Fox’ himself.
In many ways, strategy does not change much between the battlefield and the office. Put another way: the strategy and tactics used to obtain a Litigation Quality Patent can often look strikingly similar to the strategy and tactics used to win a war. One of the keys to Patton’s success was filtering all of the data available to him as a commander. By reading Rommel’s own book, he was able to gain an insight into his opponent’s mind to build a model through which he could identify relevant data and apply it in a meaningful way.
Modern ‘big data’ gives us the unparalleled ability to apply Patton’s technique to patent prosecution in a way that complements our longstanding fundamental principles embodied in our proprietary “7 Step Strategic Patent Assessment.” When we build a rejection-response strategy for our clients, we have long applied fundamental strategies to develop arguments around Examiner errors in law, fact, logic, and/or process and identify opportunities for overcoming the rejection to achieve Litigation Quality Patent® claims.
Big data analytics tools gives us an extra tactic that refines the strategy. By studying carefully filtered datasets from the Examiner’s own case history, we identify historically successful and unsuccessful strategies for that Examiner to build a ‘model’ calibrated to the specific Examiner our client is facing. We then apply that model to our client’s specific case, specific claims, and specific rejections to gain a deep insight into what specific responses — even specific phraseology — that may advance the case forward most efficiently. Even Examiners with ridiculously low allowance rates have to allow some patents: so position yourself early to fit the model of the ones they allow!
Although big data can never replace fundamental patent strategy, in the hands of experienced practitioners who are dedicated to helping you cost-effectively maximize your success, smart ‘big data’ tools can be key intelligence to quickly calibrate tactics to make the most impact quickly. If you have questions regarding positioning your invention for success with a Litigation Quality Patent® strategy, or you’re facing the battle of the century in the Patent Office, our team would be glad to help you build a strategy that brings Patton to patents … Examiner, I read your book!