The patent application process can be a lengthy and complicated journey, with numerous steps and potential obstacles along the way. One of the most common questions asked by inventors and patent applicants is: how long does it take to get a patent? Unfortunately, there is no easy answer to this question, as the timeline for obtaining a patent can vary widely depending on a variety of factors. In this article, we will explore the patent application timeline in detail, including the steps involved in the process and the factors that can impact the amount of time it takes to obtain a patent.
Step 1: Conducting a Patent Search
Before beginning the patent application process, it is important to conduct a thorough patent search. This involves researching existing patents and patent applications to get an idea as to how novel and non-obvious your invention is, and therefore how likely your invention will be granted a patent. Conducting a patent search can take anywhere from a week to several weeks to complete, depending on the complexity of the technology involved and the experience of the individual performing the patent search.
Step 2: Drafting and Filing the Patent Application
Once the patent search is complete and you have determined that your invention is novel and non-obvious, the next step is to draft and file a patent application. This is a critical step in the process, as the patent application must accurately and clearly describe the invention in sufficient detail to enable someone skilled in the field of the invention to make and use the invention. The process of drafting and filing a patent application can take anywhere from a few weeks to several months, depending on the complexity of the technology involved and the experience of the individual drafting the patent application.
Step 3: Examination Stage
Once your patent application has been filed, it will be examined by a patent examiner at the US Patent Office. The examination process can take anywhere from a few months to one or more years, depending on the complexity of the invention and the workload of the examiner assigned to your application. During this stage, the patent examiner will review the patent application and compare it to existing similar inventions known as prior art. The examiner will issue an opinion as to whether the examiner believes your invention meets all the requirements for patentability, including novelty, non-obviousness, and usefulness.
If the examiner believes your invention meets all the requirements of patentability, the application will be allowed to be granted as a patent. However, if the examiner finds similar inventions and is of the opinion that other existing inventions are too similar to your invention, the examiner will issue a rejection called an office action office action. The rejection will indicate why the examiner thinks your invention is too similar to other existing inventions, and inviting you to respond back with your counter arguments.
Step 4: Patent Prosecution
Patent prosecution is the process of discussing with the patent examiner as to why you believe your invention deserves a patent. Patentability is subjective. The patent examiner may think your invention is too similar to existing inventions. You must then argue back as to why you believe your invention is different enough from the existing inventions to warrant a patent. It is a discussion of opinions, and somewhat like a negotiation. The examiner may ask that you weaken your patent protection to receive a patent. You may negotiate back and ask for a stronger patent than what the examiner is proposing to give and explain why. You can go back and forth multiple times with the examiner, making your arguments, hearing his counter arguments, and hopefully ending up getting the examiner to agree to give you a patent although that is not always the case. Some inventors never receive a patent on their invention, that is simply part of the patent application process, it is not guaranteed. The patent prosecution step can take months or years, depending on how stubborn the patent examiner is, how stubborn you are, and also how much financial resources you have to continue the legal process of pursuing a patent.
Step 5: Issuance of the Patent
Once you have convinced the patent examiner that your invention is novel and nonobvious enough to warrant a patent, the examiner will issue a notice of allowance indicating that he has allowed you to get a patent. You then need to request patent issuance to formally request that the US Patent Office issue you the patent. The time from requesting patent issuance to when the patent is issued and then considered “granted” is a few weeks of time. Once the patent has been issued and granted to you, the inventor will have exclusive rights to the invention claimed for a period of 20 years from the date of filing for a utility patent, 15 years from the date of filing for a design patent.
Factors That Can Impact the Patent Application Timeline
The patent application timeline can vary widely depending on a variety of factors. Some of the most common factors that can impact the timeline include:
- Complexity of the technology involved: The more complex the technology, the longer the patent application process is likely to take.
- Resources available: The more resources available to the inventor, the faster the patent application process is likely to be. For example, if the inventor has access to experienced patent attorneys or a team of experts in the relevant field, the process is likely to move more quickly.
- Novelty of the invention: If the Patent Office cannot find existing inventions similar to yours, it won’t have much to say and can quickly approve the patent. If there are many similar inventions out there, you’ll need to spend time convincing the assigned patent examiner as to why you deserve a patent.
- Number of patent applications currently under review: The more patent applications currently under review by the US Patent Office, the longer the patent application process is likely to take. This is because patent examiners have a limited amount of time and resources available to review patent applications.
Overall, the patent application process can take months to years depending on the complexity of your invention, the experience of the drafter preparing the patent application, how different your invention is from existing inventions, and the workload of the examiners at the US Patent Office. Working with a registered patent attorney or agent can reduce the time to obtain a patent by ensuring that each step of the patent application process is performed correctly.
