It’s been a few years since the release of Moneyball, the widely acclaimed and moving drama about the Oakland Athletics’ efforts to change the scouting paradigm. The old guard vehemently resisted change in the standard scouting approach, choosing players based only on experience and gut instinct. Brad Pitt’s portrayal of the forward thinking General Manager, Billy Beane, exemplified the notion that change is the only constant in life. His ultimate success taught the audience and the entire Major League Baseball establishment about the value and importance of new and untested techniques. Billy Beane introduced data analytics in baseball scouting, and in a similar inventive and interesting shift, the legal industry is beginning to adapt to data analytics in practice and patent prosecution is leading the way.
I am a recovering lawyer, and change is something I’ve embraced for 20+ years as a technologist in the legal industry. When I first arrived in the legal industry in the early nineties the research paradigm was shifting. As a law student I was teaching students and professors the value and benefit of computer assisted legal research (CALR). Books were slowly being replaced by CALR as the desktop computer became a new piece of furniture in the law firm. The form of research included floppy discs, CDs and online legal research. Physical libraries were still overflowing with cases, statutes, secondary and tertiary materials, but times were changing. Fast forward to 2016 where CALR is the standard, and the new kids on the block, “cloud” and “data analytics”, are starting to make serious inroads. We are once again at the early stage of another paradigm shift. Attorneys are reluctant to change. In fact, a large part of our profession is based upon the notion of precedent. However, we would be remiss to resist all change because our gut instinct and law school education has taught us to “stand on precedent”. I can ride a horse to work, but it certainly is not the most efficient mode of transportation.
As we look at data analytics we cannot fear the scary algorithm. Starting with the basics and working at a comfortable pace towards deeper understanding and implementation is easier than you might imagine. The most important first step is to understand that good data can reveal a tremendous amount of invaluable, coherent, and trustworthy information. We use this same trusted data in our everyday lives to make consumer decisions, why not extend these benefits to our business decisions? The transparency in patent data has revolutionized the patent acquisition process. The USPTO makes its data publicly available and easily segments the content, which is extremely valuable for users in both law firms and corporations. When the other teams learned the secret to Billy Beane’s success, they jumped right on the bandwagon. Instinct and experience is important, but there is no substitute for a healthy bottom line, even in baseball. Forward thinking firms and corporations are raising their game by using data analytics, and there is no better time to start implementing the use of trusted data in your operation.
Another core concept when using data analytics is to know what questions to ask. The concept of Big Data is new in the patent practice and one of the key hurdles is knowing how to incorporate the output into traditional workflow. It is suggested that practitioners start with simple questions in the area of “performance metrics.” Examples of simple questions to start with are:
- What are my examiner’s rejection stats?
- How does my outside counsel perform in an art unit?
- What allowance rates are my peers achieving?
The answers are easily obtained with tools like PatentAdvisor. As you get more comfortable and creative with the data sets, your questions will become more complex and targeted to support a wider range of strategic objectives. Creative data sets also provide you with more extensive and comprehensive information to complement multiple facets of your business. With invaluable information available in a few keystrokes, the only question is when will you start?
In today’s world we all have to make strategic decisions about how to invest our capital and our time. It is critical to invest our precious time and capital in ideas that have a bright future. Big data for patent prosecution is beginning right now, new strides are being made every day. You must consider all of the ways in which you can leverage data to improve outcomes. As corporations continue to hire in the area of legal operations and place an emphasis on efficiency, the use of data will be a critical component in decision making. It’s easy to get started, you just have to take the first step. It’s time to play “Moneyball.”