How Long Does it Take to Get a Patent?

The time it takes to get a patent varies. Typically, it can take about 1 to 3 years to receive a patent from the United States Patent and Trademark Office (USPTO).

However, the duration of a patent application can be shorter or longer depending on (1) the complexity of the invention, (2) the type of patent, and (3) the workload of the USPTO.

In this article, I'll explore this in more depth and also examine how you can speed up the patent process.

Let's get started:

What is the difference between a patent, copyright, and trademark?

Understanding the nuances of intellectual property rights is pivotal for innovators and creators.

A patent is a legal recognition provided to an invention, offering the inventor exclusive rights to, for a certain period:

Make,
Use,
Or sell an invention.

Patents typically apply to new processes, machine designs, manufactured goods, or chemical compositions.

This ensures the creator retains exclusive rights to their work, preventing others from copying or distributing it without permission.

Trademarks are about safeguarding symbols, logos, phrases, or design elements that distinguish and identify the source of products or services.

Each of these forms of intellectual property serves a unique purpose, and understanding which applies to your creation is crucial in safeguarding your rights effectively.

Learn all about what we can do for you on Trademarkia.

How long does it take to do a patent search?

The time it takes to do a patent search can vary widely depending on various factors, including the:

Complexity of the invention: If your invention is highly technical or specialized, it might take longer to search through relevant patents.
Scope of the search: A broad search across multiple countries and in different languages will take longer than a more focused search.
Experience and skill of the researcher: Someone experienced in conducting patent searches, particularly in the relevant field, will typically be able to do it faster and more efficiently.
Purpose of the search: A preliminary, informal search might be quicker, while a thorough search for legal or commercial purposes could take longer.

On average, a basic patent search might take a few hours to a few days.

However, a comprehensive search conducted by a professional can take anywhere from a few days to several weeks.

Remember, a thorough and well-conducted patent search is crucial for understanding the patent landscape around your invention and can save time and resources in the long run.

How do I speed up the patent application process?

The patent application process is typically lengthy, often taking several years.

However, there are strategies to accelerate it.

The United States Patent and Trademark Office (USPTO) offers various programs for faster processing.

Moreover, ensuring your application is complete and clear as possible can prevent delays caused by USPTO requests for additional information or clarifications.

Regular and proactive communication with your patent examiner and promptly addressing any issues or objections they raise can also expedite the process.

Additionally, hiring an experienced patent attorney can be instrumental in navigating the complexities of patent law and the application process.

It could potentially reduce the time it takes to secure your patent.

How long do patents last?

The duration of a patent is a fundamental aspect of its value.

The standard term for a new utility patent in the United States is 20 years from the date the application is filed.

However, due to regulatory delays, this term can be adjusted for patents in specific categories, such as pharmaceuticals.

Design patents, which protect ornamental designs of functional items, have a shorter term of 15 years from the grant date.

It's critical to understand that maintaining a patent requires adherence to certain obligations, including paying maintenance fees at 3.5, 7.5, and 11.5 years after the patent is granted.

Failing to meet these requirements can lead to the premature expiration of the patent.

What are the different types of patents?

Patents are divided into different categories, each designed to protect various inventions.

Utility patent applications , the most common type, are for new inventions or significant improvements to existing inventions, including processes, machines, and compositions of matter.
Design patent applications, on the other hand, are for new, original, and ornamental designs for an article of manufacture.
Lastly, plant patent applications are for the discovery and asexual reproduction or invention of a new and distinct variety of plant. That is, other than a tuber propagated plant or a plant found in an uncultivated state.

Selecting the correct type of patent is critical as it dictates the kind of protection an invention receives and the duration of that protection.

Read more: Learn about the patent filing process on our blog.

Should you get a patent?

Before you think about how long it takes to get a patent, you should consider whether you should be getting one at all.

The decision to pursue a patent is strategic and depends on various factors.

A patent can provide legal protection against competitors, preventing them from using, selling, or importing your invention without authorization.

This exclusivity can be a powerful tool in a competitive marketplace, potentially leading to higher profit margins.

However, obtaining a patent is not always straightforward.

The process can be lengthy and expensive, involving filing fees, legal costs, and ongoing maintenance fees.

Additionally, the process of obtaining a patent requires public disclosure of your invention, which may not be desirable in all cases.

It's crucial to consider the following when deciding whether to start a patent application:

The nature of your invention,
The market environment,
And Your long-term business goals.

What makes an invention patentable?

To qualify for a patent, an invention must fulfill several specific criteria.

Firstly, it must exhibit novelty, meaning the invention is not already known in the public domain.

This requires that the invention has not been previously disclosed through any public medium.

Secondly, it must demonstrate an inventive step or non-obviousness, indicating that the invention is not a straightforward or obvious idea to someone with knowledge and experience in the subject area.

Thirdly, it must possess utility or be useful, serving a practical purpose and providing some identifiable benefit.

Additionally, the invention must be described in a manner sufficiently clear and complete for it to be understood and replicated by someone skilled in the field.

These criteria collectively ensure that patents are granted to genuinely innovative, non-trivial, and practical inventions, providing a legal framework to encourage and protect innovation.

What is an expedited or accelerated patent application?

In specific scenarios, it may be advantageous to expedite the patent application process.

The most notable is the Track One prioritized examination program, which aims to reach a final disposition within 12 months.

This is particularly useful for inventions in rapidly evolving industries where market competitiveness is closely tied to speed.

To be eligible for this patent application program, applicants must meet specific requirements and pay additional fees.

While this can lead to a faster patent grant, it's essential to consider the increased upfront costs and the potential need for rapid responses to Patent Office actions.

This will require more immediate attention and resources.

What is a provisional patent application?

A provisional application offers a cost-effective and simpler way for inventors to create an early effective filing date for their invention.

This application doesn't require the formal patent claims or oath or declaration, making it a more accessible starting point for securing patent rights.

Crucially, it provides inventors with a 12-month window to refine their invention and prepare a non-provisional (full) patent application.

During this period, inventors can use the term "patent pending" for their product.

This step is especially beneficial for those who:

Need more time to assess the commercial viability of their invention,
Want to seek investors,
Need to finalize the technical details before committing to the complex non-provisional patent application process.

Starting with this application will affect how long it takes to get a patent.

What is a non-provisional patent application?

A non-provisional patent application is a formal request submitted to the Patent Office to secure a patent on the invention it details.

It must include a complete and detailed description of the invention, ensuring that someone skilled in the relevant field can replicate it.

This application is distinct from a provisional patent application as it requires specific claims that define the scope of protection sought, alongside strict formatting and content requirements, including:

Claims,
An oath or declaration,
And often, drawings.

Unlike provisional applications, non-provisional applications are subject to a thorough examination process by the patent office.

These include a review for legal compliance, a search for prior art, and an examination of the claims to assess if the invention is novel, non-obvious, and useful.

The key outcome of a non-provisional application is the potential grant of a patent.

Once granted, the patent provides legal rights to the inventor or patent holder for typically 20 years from the filing date.

Of course, this is subject to maintenance fees.

A non-provisional application filing establishes the invention's priority date, which is critical in patent law.

If a provisional application was filed earlier, the non-provisional application must follow within 12 months to benefit from the provisional's earlier filing date.

What does "patent pending" mean?

The term "patent pending" signifies that a patent application has been filed.

But it hasn't yet been granted.

It serves as a warning to prospective infringers.

It's an indication they will be liable for damages if they infringe on the patent rights once the patent is granted.

This status is crucial for inventors and companies as it helps to establish a legal placeholder, deterring potential competitors from copying the invention.

While it doesn't offer the complete legal protection of a granted patent, it indicates to the market and potential competitors that the inventor is actively seeking legal protection for their innovation.

The "patent pending" status is maintained throughout the patent examination process, which can vary in length.

This status can be a valuable tool in marketing and securing investor interest, highlighting the product or process's innovation and potential future protection.

What does the patent application process look like?

Documenting the invention: Before you start the formal process, it's crucial to have a detailed record of your invention. This includes descriptions, drawings, and any prototype development. This documentation not only helps prepare the patent application but can also serve as proof of the invention's conception date.
Conducting a patent search: Before applying, conduct a thorough search for existing patents. This step ensures that your invention is novel and hasn't been patented already. Patent databases, like those maintained by the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), are valuable resources for this search.
Deciding on patent type: Determine the type of patent you need. In most countries, there are several types, including utility patents (for new processes or machines), design patents (for new, original, and ornamental designs for an article of manufacture), and plant patents (for new varieties of plants).
Preparing the application: This step involves drafting the patent application, which includes several components.
Specification: Detailed description of the invention, how it works, and how it differs from previous inventions. It must be detailed enough that someone skilled in the field could replicate the invention.
Claims: The most crucial part of the application. Claims define the scope of protection granted by the patent and must be written carefully to ensure adequate protection.
Drawings: When applicable, drawings that illustrate the invention must be included.
Filing the application: Once prepared, file it with the Patent Office. This can be done electronically or by mail. You'll need to pay the filing fee when filing.
Examination by the Patent Office: The Patent Office examines your application after filing. This process involves a patent examiner reviewing your claims and ensuring they meet various criteria, including novelty, non-obviousness, and usefulness.
Office actions: The examiner might issue an "office action" if they find issues with your application. This could include requests for clarification, rejections of some claims, or other concerns. You'll have an opportunity to respond to these actions, which might involve amending the application or arguing against the examiner's findings.
Approval or rejection: Your patent will be granted if the examiner is satisfied with your application and responses to office actions. If not, it may be rejected, but there are usually options to appeal, modify, and resubmit the application.
Issue and publication: Once a patent is granted, it will be officially issued and published, giving you legal rights to exclude others from making, using, or selling your invention without your permission for a certain period (typically 20 years for utility patents from the filing date).
Maintenance: Maintenance fees are required at regular intervals to keep the patent in force for some types of patents, like utility patents.