Getting a patent approved can be a lengthy process, but how long does it take exactly? According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get a patent approved after following the steps to file a patent. If you qualify for a priority patent exam for plants and public services, known as Track One, you may be approved within six to 12 months. The pending patent starts from the moment you file a patent application in the U. S.
It ends when you are granted or denied a patent. Most requests are pending for one to three years, but applications that involve software or electronics can take three to five years or more. In Canada, it takes an average of 30.8 months from applying for the exam (which can be done at the time of filing) to obtaining a patent. In the United States, it takes an average of 25.5 months from the filing of a patent application to obtain a patent.
The USPTO is known for its delays in examining applications for non-provisional patents for public services. First-time utility patent applicants should expect the process to take several years. To ensure that the granting of a utility patent is important to the growth or success of a company, entrepreneurs should consider this one-year period in their business plans. So how long does the patent application process take? Let's take a look at the data directly from the USPTO. According to the USPTO, patents take about 22 months to be approved.
However, this can be accelerated if you meet the requirements for a prioritized review, also known as Track One. This patent review process is shorter and lasts between six and 12 months. Each year, the USPTO conducts prioritized exams, also known as Track One, for patent applications for plants and public services to a specific number of applications. If they find that the object is identical in both applications, they will indicate to the applicant the previous filing date of any patent they issue. For example, using “patent pending” in connection with an invention indicates that it is innovative enough to justify the request for legal protection. You will have to process foreign patent applications within one year from the date of filing the PPA.
A patent is an exclusive right that prevents anyone else from using your invention for a certain period of time. Rather, a PCT application allows the applicant to file a single regular patent application and have that application reach the countries and regions of their choice in the form of an ordinary patent application, either at a national or regional stage. The request is submitted at a later date, once those countries and regions have been identified. Starting with a provisional patent application makes sense in many circumstances, for example, when an invention is not fully developed or initial cash flow is reduced, but this will inevitably increase the time from filing the application to obtaining a patent since a subsequent non-provisional application must be filed within one year to start the patenting process (a provisional application is never examined or issued).In case of making a final decision by the office, it may be necessary to submit a request for continuation of examination and pay a fee to continue with examination process if an acceptable modification and response cannot be made which does not require that Patent Examiner conduct more thorough search of prior art documents. This type of patent has protected inventions such as brooms, computers, business processes and pharmaceuticals. The PCT application will have priority from the first patent application filed and applicant will benefit from filing date of that application in their regional and national phase applications. You get “patent pending” status as soon as you file either provisional or regular patent application with USPTO.
In Lemelson case, 1953 patent application was pending until 1963 due to re-filing actions. If good faith response to office action is not filed within prescribed time frame then Patent Application will be abandoned. Filing PCT Application preserves applicant's right to apply for protection of Patent for invention in countries which are members of treaty even longer than 12 month priority period mentioned above. If same as your patented invention then you have time for intruder to kick it off your property. Normal Patent Application called Non-Provisional Patent Application in United States must be filed within 12 months of filing Provisional Patent Application in order to claim priority of Provisional Patent Application. Obtaining a patent can be an intimidating process but understanding how long it takes can help entrepreneurs plan accordingly. The USPTO estimates that it takes about 22 months, but this can be accelerated if you meet certain requirements such as Track One which can reduce this time frame down to six to 12 months. In Canada, it takes an average of 30.8 months, while in the United States it takes an average of 25.5 months. It's important to note that applications involving software or electronics can take three to five years or more.
Additionally, starting with a provisional patent application can increase this time frame since subsequent non-provisional applications must be filed within one year. It's also important to note that filing PCT Applications preserves applicants' rights even longer than 12 month priority periods mentioned above. Furthermore, applicants get “patent pending” status as soon as they file either provisional or regular patent applications with USPTO. In conclusion, obtaining a patent can take anywhere from six months up to several years depending on various factors such as type of invention and whether you qualify for Track One or not. It's important for entrepreneurs to understand these timelines so they can plan accordingly and ensure that their inventions are properly protected.
