How Long Does it Take To Get a PatentAt that place are a number of factors that effect the time until you receiving a patent as explained below.

Patentability Searching:
First, if yous choose to take a patentability search performed by our role, that more often than not takes 1 to three weeks to complete, depending on the volume of search results and the workload at the time.

Patent Application Drafting:
If we receive all the data about your invention before nosotros start drafting your invention, on average it will take between two to four weeks to draft the awarding for your review. If shorter time frames are needed, we will strive to achieve a timeline that works with your schedule. In a past expedited circumstance, we were able to file an application inside two-4 days subsequently receiving all the required data nigh the invention. The time frame within which nosotros could typhoon a patent awarding depends on our nowadays workload, the complexity of the invention, and the corporeality and type of information provided by the client before drafting begins, as well as the number of changes provided by the customer after drafting begins. After the patent application is filed yous will have "patent pending" condition in the United States.

After Patent Application Filing
After filing, the length of fourth dimension to patent grant depends on whether yous begin with a provisional or a non-provisional patent application in the U.s.. If you brainstorm with a non-provisional patent application, the U.South. Patent and Trademark Role (USPTO) will place your application in a queue to be examined by a Patent Examiner when the USPTO receives your consummate non-provisional patent application.

The nowadays (2012) average wait time until the USPTO provides us with the results of the Patent Examiner'due south get-go substantive review and exam (average pendency to first role action) of the patent awarding is about 21 months. The average time it takes to obtain a patent from the patent office at this time is nigh 32 months or a piddling nether three years. [See the current wait time statistics at the USPTO website [here] (best viewed with Internet Explorer)].

The bodily amount of time information technology volition have for your patent application to be examined, and if plant allowable, to issue into a patent will vary. Some technical areas accept a longer or shorter wait time considering the USPTO groups patent applications based on the invention's engineering and assign patents to technology groups (known as art units) of examiners at the USPTO for examination. If 1 art unit has more patent applications in the queue than another art unit, then patent applications assigned to the art unit of measurement with relatively more than patent application will wait longer for examination and ultimate issuance.

If yous decide to file a provisional patent awarding, the patent part will not put your provisional patent application in a queue to be examined. Instead, a non-conditional patent application must be filed within one yr of the filing engagement of the conditional application, in order to claim the benefit of the provisional application filing date. In the case that you file a provisional and and so file a provisional on the one yr anniversary date of the filing of the provisional, one boosted twelvemonth volition be added to the times listed above. This is true considering you have waited that 1 year to accept the non-conditional application placed in a queue to exist examined.

Prioritized Examination
The USPTO offers a prioritized examination (also known every bit Rail One) for utility and establish patent applications for a limited number of patent application per twelvemonth.  To be considered for the prioritized test, the applicant must pay additional large fee to USPTO. Under the prioritized examination procedure the USPTO assigns a priority status to your application. The USPTO aims to become to a terminal disposition (allowance or final rejection) of your patent application within 12 months of the prioritized status being granted.

Patent Pending
While your patent application is pending (after the patent application is filed but earlier the patent is granted) you will have patent awaiting condition. You are not required to look until you obtain a patent to start exploiting (making, marker, selling, licensing, etc.) your invention. You can begin doing so later on the patent application is filed, as long every bit the patent application fully describes and covers all the elements of your invention that you lot intend to disclose and use publicly.