What is a good measure of IP progress?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

What is a good measure of IP progress?

We live in a world of quantifiable results and data-driven decision making. What are some of the best metrics for measuring IP improvement?

Reducing USPTO’s backlog to 300,000 cases. 3.3 patents per 10,000 Chinese inhabitants. Goals in the IP world are often presented in the form of numerical targets.

This is not surprising and is in fact a good thing. Though not exactly a new development, the recent successes of companies like Google and internet stars like Nate Silver have raised awareness of the importance of quantitative data and how such information, used and manipulated in the right way, can lend important insights.

Picture of Nate Silver

Nate Silver succesfully predicted the 2008 and 2012 US presidential elections using rigourous data analysis

In the increasingly complicated world of IP policy, the use of numbers and data to understand the effects of laws is much welcomed. For example, researchers looking at issues such as patent quality in China have made their cases looking at measurable factors such as how often Chinese patents are cited or how likely they are to be maintained. These studies are likely more useful, though less dramatic, than an anecdote about a company giving up on the Chinese market because of concerns about infringing on a junk patent, though as any lawyer who tries cases before a jury will tell you, a good story can often win the day.

Law and policy is ultimately about incentives, and the use of questionable numerical targets can sometimes induce the wrong behaviour. For example, the USPTO utilises a count system which awards examiners for taking various actions. Previously, the system gave examiners points and ultimately extra compensation for each new case they take, including requests for continued examination (RCEs). Some argued that this encouraged overzealous initial rejections of patents. When David Kappos took over as USPTO director in 2009, one of his first tasks was to revise this system , which among other changes reduced the number of points granted for RCEs.

China’s use of numerical goals in formulating IP policy has also been much discussed and criticised. Though SIPO appears to be focusing more on encouraging quality patents now that China has reached its goal of being the world’s biggest patent filer, some point out that there is still room for improvement. For example, Anna Mae Koo of Vivien Chan & Co tells Managing IP that there is pressure for Chinese courts to split up cases because judges are measured by how many cases they try. Thus, if a brand owner brings suit for both trade mark infringement and unfair competition, the matter may be handled as two separate cases, increasing both time and cost to the parties.

Similarly, she explains that targets for adjudicators at the Trademark Review Adjudication Board (TRAB) mean that they must render on average 10 decisions a day. Though judges around the world are no doubt familiar with having an overburdened docket, this inevitably limits the amount of time and effort that they can spend on each individual case.

This issue is by no means limited to intellectual property; all around the world, debates are raging over how to properly measure everything from school achievement to the usefulness of austerity measures. That said, in the myriad of IP-related policy discussions, such as patent quality and how to (or even whether governments should) stop patent trolls, what are some of the best and worst forms of data to measure progress and formulate policy?

more from across site and SHARED ros bottom lb

More from across our site

Partner Jeremy Hertzog explains how his team worked through a huge amount of disclosure from Adidas and what victory means for the firm
Evarist Kameja and Hadija Juma at Bowmans explain why a new law in Tanzania marks a significant shift in IP enforcement
In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of iPNOTE, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, have taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Greg Munt, who has moved from Griffith Hack to James & Wells after four decades, hails his new firm’s approach to client service
Practitioners warn that closing the Denver regional office could trigger a domino effect, threatening local innovation and access to IP resources
Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
Gift this article