In the bustling world of invention and innovation, the wait for patent approval can appear to be a daunting and seemingly endless journey. Whether it’s a design patent or a utility patent at stake, the process is intricate and often subject to delays. Let’s explore the timeline of the patent process and offer some insights into the factors that influence the waiting period.
Average Waiting Period
The average time it takes to obtain a patent from the United States Patent and Trademark Office (USPTO) can significantly vary depending upon the exact type of patent. For design patents, which primarily deal with ornamental designs for an article of manufacture, the process can take around 20 months on average. In contrast, utility patents, which cover new and useful processes, machines, manufactures, or compositions of matter, often take longer, extending up to 24 to 36 months, sometimes longer.
And, how long does it take to get a patent with InventHelp’s assistance? It takes about 18 months on average to obtain a patent with InventHelp’s assistance. The process is designed to be as quick and efficient as possible.
A Step-by-Step Breakdown
Let’s explore the typical patenting journey chronologically to understand why it might take this long:
- The Preparation Phase: This involves drafting your patent application. The timeframe largely depends on you or your patent attorney’s pace and can span a few weeks to a few months.
- The Patent Search: A patent search to ensure the uniqueness of your invention can take about 2 weeks to a month.
- Filing the Patent Application: Once the application is prepared and ready, you have to file it with the USPTO. This can be done promptly.
- Pending Review: Once the application is filed, it takes an average of 14 to 20 months before an initial examiner’s review, also known as “office action”.
- Office Action and Response: After the initial review, the USPTO ordinarily raises inquiries or objections. Responding to these can take up to 6 months, and you may potentially go through several rounds of this.
- The Final Phase: If all goes well and the patent examiner approves the patent application, it can still take an additional 2-3 months to officially issue the patent.
Factors That Influence the Waiting Time
Several factors can influence the duration it takes to get a patent:
- Type of Technology: Certain types of patents especially in high-tech areas like biotech, communications, and computer-related technologies, can take longer due to their complexity.
- Application Backlog: The number of applications pending review with the USPTO is substantial. Thus, the existing backlog can often mean more waiting time.
- Request for Prioritized Examination: The USPTO provides a Track One Prioritized Patent Examination which allows, for an additional fee, a final decision within 12 months. However, this doesn’t guarantee a patent.
Can I just sell my invention idea? No. An invention is not the same thing as a product, and selling your idea does not mean you can then sell the product. You still need to file for a patent and go through the process of getting it approved before you can sell your invention.
Conclusion
Securing a patent is indeed a complex process and guised with unpredictability. It is a journey intertwined with countless possibilities, but, knowing the patent procedure and the time frame can help inventors better plan their innovation pathway. Patience, perseverance, and assistance from experienced patent attorneys or invention assistance companies can ease the process, making the wait worthwhile in securing the rightful protection for your invention.