Most applications for a patent pending status take between one to three years to process. However, applications that involve software or electronics can take three to five years or more. The process of obtaining a patent pending typically takes between 30 and 40 hours, and includes an initial interview with the inventor, drafting the patent application, and reviewing it based on the inventor's comments. This estimate does not include a search for patentability or a search for freedom of operation, which are generally separate optional services.
The process for obtaining drawings may vary, but an inventor can expect at least a first draft within 1 to 3 weeks. After seeing the drawings, the lawyer may request revisions to show particular aspects of the invention that are not entirely clear in the first draft. Therefore, 1 to 2 months could take between 1 and 2 months for a very complicated invention in which the lawyer and the editor make continuous revisions to perfect the drawings. This is important because once filed, a patent application cannot be modified to add new elements.
In addition, it is important for the inventor to thoroughly examine the drawings to avoid any avoidable errors when filing incorrect drawings. When an inventor of a product indicates that a product is patent-pending and marks it as such, it alerts consumers (and the general public) that there are outstanding exclusive rights to it. If your patent lawyer doesn't have time to draft and file your patent application in less than 2 months, you should find a new patent attorney as it can cost you a patent because the USPTO won't issue a patent if your invention is too similar to a patented product. In the case of a non-provisional application, the average time for review by the patent examiner is 21 months, and the average wait time to receive a patent as a whole is 32 months.
The rules are subjective, but as a patent owner, you want them to be as obvious as possible without detracting too much value from the design or merchantability of the product. Getting a stronger patent means that your application must include more claims and alternatives or modifications to your product. The process of obtaining a patent pending status begins with filing an application with the USPTO. Most people wait one to three years for the USPTO to issue a patent or deny the application.
In cases involving electronic or software-related inventions, this process can take three to five years or more. It is important for inventors to conduct a patent search for their product in order to determine if their product meets all requirements for obtaining a patent. In order for documents related to your invention to be considered “patent pending” they must include either “Patent Pending” or “Patent Requested” (United States). This alerts consumers and other interested parties that exclusive rights are being sought on your invention.
The process of obtaining a patent pending status can be lengthy and complex. It is important for inventors to understand all aspects of this process in order to ensure that their invention is properly protected and that they receive all of the benefits associated with having exclusive rights on their invention.
