How Long Does it Take to Get a Patent?


The short answer is that it varies, but it usually takes between 2 and 3-1/2 years. It can take as short as 1 year, but it can also take 6 years or longer.

The factors that will determine how long it takes are: (1) what type of technology you want to patent and how long the backlog is for that type of technology; (2) how many rejections and amendments are filed; and (3) whether an appeal needs to be filed.

And to a lesser extent, the total amount of time can be reduced if amendments are filed right after rejections are mailed out.

The current philosophy at the Patent Office is to reduce the amount of time it takes to issue a first correspondence from the examiner to the applicant (whether it is a rejection or allowance). However, this has come at the expense of significantly increasing the backlog of patent applications that are awaiting appeal of the examiner’s rejection at the Patent Trial and Appeal Board (PTAB). It’s a whack-a-mole situation, if you are familiar with that phrase.

Related Topics:

How Do I Patent My Invention?

How Can I Speed Up the Patent Process?


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