Why does it take so long to receive a patent?
On average one can expect to receive a patent 1.5–2 years after filing with the United States Patent and Trademark Office (USPTO).
We’ll briefly explore six contributing factors below:
Subject Matter Backlog — The USPTO has nine focus areas, known as technology centers, when allocating patent applications based on subject matter and discipline. Quite often there exists a backlog of applications in any given technology center based on factors such as the number of patent examiners available for reviewing applications and the popularity of a particular subject. For example, the recent explosion in artificial intelligence (AI) technology has created an influx of patent applications, resulting in a backlog for those examiners assigned to this subject area, creating a longer than normal turn around time for application review.
Filing of an Application — Compiling and preparing all necessary documents for filing of a patent application with the USPTO takes a considerable amount of time and effort. Factors such as the complexity of the invention, creation of drawings illustrating an invention, and inclusion of proper legal language all contribute to the time it takes in presenting of an application for patent with the USPTO.
Errors — Mistakes and omissions pertaining to required documents and information contribute to extended time in reviewing of applications. When the Patent Office receives inadequate information or documentation, it is not uncommon for an initial response to an applicant to be a request for correction of errors and omissions before continuing with actual review of the invention itself.
Amendments — It is very rare that an application will be granted a patent upon initial review. The majority of patent applications require amendments and discussions — known as interviews — with patent attorneys and inventors in order to clarify aspects of an invention or come to an agreement on claim terms.
Accelerated Examination — There are situations where an application for patent is able to “skip the line” under certain USPTO initiatives known as accelerated examination and prioritized examination. Depending on the sensitivity of an invention, the acknowledged need for expedited protection, and/or the funds available to an inventor (money talks, right?), various patent applications may be reviewed sooner than normal.
Strategy —There exist various strategies that inventors, companies, and legal representatives exercise in order to “drag out” prosecution of patent applications. We’ll just leave it at that.
All of the above considered, the best advice one can take is: be patient.
Learn more about the USPTO Patent Process here: https://www.uspto.gov/patents/basics/patent-process-overview
