In recent months, a few services have come online that provide ways to determine, among other things, whether a particular examiner has longer pendency, more rejections, and so on, than others. Can be useful information to see how long you can expect a case to remain pending, for example.
What I was shown, however, was that some lawyers are taking those reports to examiner interviews and, it seems, saying in effect, “look how slow you are compared to your colleagues.” This seems questionable to me. It’s not merits-based. I’d also be really suspicious of lawyers who do not make those documents of record.
I am not sure if the PTO will take a stand on this, but I wouldn’t want to be the test case.
What do you all think?