Your application is filed, all the fees are paid, and you are excited about becoming an official patent holder. But how long will it take, how soon can you expect an approval from USPTO? Well, let’s dive in.
The first thing you need to remember is that every patent journey is unique, and it is difficult to predict how long it will take for your patent to be issued. We must keep in mind that not all patent applications are approved. Additionally, there are several ways to expedite the process (such as based on age), but we will not be covering it today. However, in our office we have seen patents being issued within 18 months as well as 60 months.
The prosecution process depends on several aspects such as:
- The complexity of the application
- Whether it is a utility or design application
- Prior art
- Examiner and their subjective view
- Number of claims
- Whether it is a government-backed application
- USPTO backlog
- How fast you respond to the Office Actions
- Whether your file National or PCT first
Some things to remember:
- Your patent will be published 18 months after filing or after a priority date, whichever comes first (unless you expedite).
- The first Office Action is typically issued within 18-24 months.
- When you receive the Office Action, you usually have 3 months (6 with extension of time) to respond to the Office Action. If it is the Final Office Action, you need to file a Request for Continued Examination.
- When you get a Notice of Allowance, you will have 3 months to pay the Issue Fee. Again, the sooner you pay, the sooner your patent will be issued.
To check current wait times, please see this page USPTO: Pendency.
If you have any questions about the patent process, contact our office and will gladly assist you.