How Long Does It Take to Get a Patent?
If you’re considering getting a patent for your invention, you should know that the process typically takes years. This is because the patent office must process a backlog before it can examine your application. If you are interested in getting your patent sooner, you should consider filing a request for expedited review of your application. However, this will increase the wait time considerably. Depending on the type of patent you want, it could take anywhere from two to ten years.
Variance in wait time to get a patent
The length of the wait to get a patent depends on a number of factors. The length of time the patent process will take to complete depends on the complexity of the invention and the number of similar products already in the queue. On average, the entire process can take anywhere from 12 to 32 months, including allowance and abandonment of the application. Here’s some information about the length of wait times for different types of patents.
The average wait time for a patent is 22 to 30 months, and this time can vary depending on the type of patent you wish to apply for. The process of drafting and preparing your patent application can be time-consuming. A utility patent, for example, protects the method of making something and prohibits others from making or using it in a similar way. Utility patents typically take longer to process, but can last up to 37 months if a product is unique and innovative.
There are three different ways to get a patent. The first way is to file a patent application. The USPTO groups patent applications according to the technology in which the invention relates. This grouping is called an art unit, and patents belonging to the same art unit are usually subject to a longer wait time. A second way to reduce the wait time is to apply for a patent earlier.
Fast track program
The Fast Track program to get a patent is designed for entrepreneurs who have a great idea and need protection quickly. By utilizing the expertise of an experienced patent attorney, you can protect your idea and ensure a year’s investment. With our services, many of our clients get protection before they begin shopping for investors or testing the market for the idea at trade shows. We can also help you present your idea at stakeholder meetings.
The year-long program will grant approximately 125 petitions each quarter and a total of 500 over the course of the year. This program allows patent examiners to make quicker decisions, and oral hearings under this program are expedited. The required fee is a reasonable $400. Most applicants have tended to challenge examiners at every stage of the patenting process, but this new program could change their mindset.
With the fast track program, patent applications can be concluded within two months. This applies to design patent applications as well as utility models. Design patent applications are also streamlined, with invalidation periods no longer than four months. By comparison, the normal examination process can take 1.5 to five years. But in some cases, the Fast Track arrangement does not apply. Instead, the New Measures sets out limitations on certain types of patent applications, and the timeframe for completing conclusions may be longer than anticipated.
The USPTO has a number of options for expediting prosecution of a patent application. Track One is the most popular option for paying applicants, and it results in the fastest examination possible. However, it is limited by an applicant’s willingness to pay high fees. PPH and Petitions to Make Special are also helpful expediting methods, but both options have strict eligibility criteria. The USPTO has a fast track program for innovators with a low-risk, high-profit invention.
A new program for accelerated appeals at the USPTO has been launched to speed up the patent review process. The USPTO is considering whether to extend the program in the future to other technology areas. Fast track applicants are typically smaller companies, with smaller revenues and rapidly-growing assets. For this reason, it seems that these programs are particularly appealing for start-up green technology companies. However, the USPTO has a long way to go in harmonizing these programs and promoting their benefits.
Non-provisional application
If you want to protect your invention, filing a non-provisional application to the USPTO is the right way to go. Patents are valuable, and it is possible to protect nearly any invention under this type of patent. However, there are some important things to keep in mind before filing a non-provisional application. First, it is important to understand that your patent application must include a claim. Claims are the boundaries of your patent protection. Your attorney will break down your invention into individual elements to protect specific elements or parts of it. Secondly, it is important to have an attorney review your application to make any necessary changes.
A non-provisional application should include an explanation of your invention, an appropriate claim, and any drawings you have created. Lastly, the application should also include the required fees and a signed oath by the original inventor. This form should be written in English, and if you don’t speak English, you should include a certified English translation and a statement stating that you are aware of any mistakes or omissions.
In short, you should decide whether to file a provisional patent or a full non-provisional patent application. The latter is a more comprehensive document that will grant you full protection for the product and its invention. However, a non-provisional application costs more and requires a patent professional’s experience and expertise. Regardless of the type of application you choose, it is essential to ensure you choose a patent attorney who has experience in writing such documents.
While a provisional application has its advantages, it is not recommended for all inventors. It may delay the process of getting a patent and can put a strain on your cash flow. However, many inventors seek extra protection while waiting for a non-provisional application to get their first-to-file patent. The disadvantage of a provisional application is that it delays the review process.
Provisional application
If you’re wondering about the difference between a provisional application and a regular patent application, you’re not alone. A provisional application costs as little as $65 for a micro-entity and $139 for a small-entity. But it’s important to know that this application doesn’t actually put your invention in front of examiners and only gives you a year to file a regular patent application.
Once filed, a provisional application lasts for twelve months. It’s important to convert this application into a regular patent application within the 12-month window, or else you risk losing the rights to your idea. The term of a patent is twenty years after the first date of non-provisional application. The term of a provisional application can be extended up to a year, but you can’t depend on this period for a standard patent.
To apply for a patent, you must make sure that your invention is new and unrelated to the prior art. Patent examiners look at previous inventions described in publications and patents, and if they’ve already been patented, this can lead to a rejection. To avoid this, you can make sure that you have performed a thorough search of prior art. You can perform your search yourself or hire a professional searcher.
While a provisional patent application will increase the time to a standard patent, it can make sense for many situations. Provisional applications are useful if you haven’t fully developed your invention or if you’re short on cash. But remember that the longer you wait for a patent, the higher your chances are of a successful prosecution. When you file a regular patent application, it must be filed within 12 months.
While a provisional patent application is cheaper than a traditional patent application, there are a few disadvantages. If your invention is too novel, you risk being rejected by an examiner. If you can’t find anyone to sell your provisional patent, it’s a good bet. The cost of a patent attorney can run you up to several thousand dollars, so you may want to consider it before proceeding with a full-fledged application.