November 29, 2022


Advocacy. Mediation. Success.

Central Tendency in US Patent Claim Counts

by Dennis Crouch

I&#8217ve acquired a few charts to show you under.  The to start with and second are histograms displaying the variety of promises for each US utility patent &#8211 2021 and 2006 difficulty dates respectively.  You&#8217ll observe that the 2021 histogram has a substantially more robust central inclination targeted on the buffet-limit of 20 statements.  The 2006 patents are substantially a lot more spread, with many much more patents beneath and around 20-statements mark.  That wider distribution is also proven in the time-sequence box-and-whiskers plot at the bottom (displaying 25-50-72 percentiles in the box).  And by the common deviations: the conventional deviation for the 2021 declare counts was considerably less than half of that for the 2006 declare counts. Basically, the 2021 patents are significantly considerably less very likely to either a pretty substantial quantity of promises or a quite compact quantity of promises.

My speculation is that these adjustments are driven by a number of factors, with the next two most impactful: (1) Because 2006, there has been a substantially raises in USPTO service fees involved with owning more than 20 claims.  That improve has pushed people absent from having a significant quantity of promises in a one patent (2) Considering that 2006 we have also seen a even more professionalization of patent prosecution, like a recognition that the applicant need to include things like 20 promises if doable.  This alter has shifted applicants up from the very minimal figures.  Some could argue that restriction apply is also crucial. Nevertheless, I don&#8217t believe that that limitations have amplified so substantially as to lead to this adjust.

But &#8211 why does an individual will need 20+ restatements of the creation?  Would it be conceivable to have a program that includes just one assert? What do you believe?

The cost construction for extra statements (>20) was established in the kind we know again in 1982.  The final chart below arrives from 1980, and you see no 20-claim influence.