When inventors attend a consultation with an attorney, it’s inevitable that they will ask, “How long does it take to get a patent?”
That’s a question that can be frustrating for even a seasoned patent attorney to answer. This is because there are so many variables at play.
It’s also important to remember that there’s no guarantee that you’ll ever receive a patent for your invention. It is a long, complex and potentially costly process. Ultimately, there may be no meaningful protection for your invention.
That’s why it’s critical for inventors and entrepreneurs to work with an intellectual property attorney right from the start. These professionals can advise you with regard to the potential patentability of your invention and perform a search to find out if something similar to your creation has already been patented. This can save you unimaginable amounts of time and money.
However, let’s say that your invention appears to be patentable, novel and unique. A patent search reveals that there’s nothing like it at the U.S. Patent and Trademark Office. How much time will it take to obtain a patent on that invention?
This depends on factors like the type of patent you are pursuing, whether or not you elect expedited processing, the art unit in which your application is reviewed and whether or not you can petition to make your application special. A closer look at these factors may help you to see how long it will take for you to get a patent.
Types of Patents
In the U.S., the three main categories of patents are utility, design and plant.
Utility Patents
Utility applications, which cover a machine, process or article of manufacture, are by far the most commonly sought.
Utility patent applications generally require the most time to process. The broader and more novel the subject matter of the application is, the longer it is likely to take to examine. If the improvement is close to known subject matter, then it is considered more limited in scope and likely will require less processing time.
Design Patents
Designs, which cover surface ornamentation or the appearance of an article, are the second most common type of patent application.
Design patent applications tend to be examined far more quickly because they are shorter and less complicated.
It is not unusual for a design patent to be issued within one to two years after filing. However, it may take anywhere from one to five years for a utility patent to be issued.
Plant Patents
The third category is plants, and these applications cover a specific genetic combination of an engineered plant species. A plant patent is granted by the United States government to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.
Plant patents normally take close to two years for the patent office to grant or reject a plant patent application.
The Filling Process
A well-written patent application can be produced within a few weeks to a couple of months. The better written the application is, the more likely it is to be examined quickly and favorably. A competent patent attorney knows precisely what to disclose and how to disclose it to obtain the broadest and most meaningful protection possible.
Because the quality of the application is so critical, it is never a good idea for an inventor to write the patent application themselves. It is far better to trust this stage to a professional to save time and money.
Choosing Expedited Processing
Knowing that it can take as long as five years to move from application to issued patent, some inventors are opting for Track One Prioritized Examination procedures at the USPTO. Participation can move you toward final disposition of your application within just 12 months. It’s available for utility and plant applications, and you must pay an extra fee to request prioritized processing.
Art Units
Examiners at the USPTO are broken up into groups called “Art Units.” Art Units are categorized according to common types of technologies. Patent applications are assigned to examiners based on the technology involved in the invention. Some art units are busier than others. The more popular and complex the technology, the longer the processing times are likely to be.
A Petition to Make Special
If the inventor or applicant is over the age of 65 or is suffering from a life-threatening illness, then they may petition to make their application special. This provides them with expedited processing. No fee is required with these petitions, but documentation concerning the age or health of the applicant is mandatory.
Abandonment & Allowance
Abandoned means that the trademark application is no longer pending and cannot mature into registration. This will happen because you’ve given up on the pursuit or you lost track of the process.
In the application process the examining attorney will issue an office action letter to the applicant stating the status of the of the application. The applicant then has up to 6 months to respond if they want to continue through the process or the patent will be considered abandoned.
Closing
If you want to obtain patent protection for your invention, then it’s wise to work with a qualified intellectual property attorney. These professionals take much of the guesswork out of pursuing a patent, which saves you time and money.
