When applying for a patent, being fast can be important. There are benefits to being fast in applying for a patent and fast in getting your patent approved. First, whoever applies for a patent first has the first chance to get a patent, so you want to apply for a patent fast before anyone else can. Second, you cannot stop others from making your invention until you get a patent granted, so you want the patent office to look at your patent application fast.
1. Apply for a Patent Fast
The United States has a “first to file” patent application system. This means, if two inventors come up with the same invention at the same time, whoever is first to file the patent application will have the first chance to get a patent. Think about it like getting in line with the patent office. If you get in line before your competitor gets in line, you’ll have the first chance to get a patent before your competitor. It is therefore important to get the earliest patent application filing date with the patent office.
To apply for a patent fast, you need to start the process quickly. It takes time for patent attorneys and patent agents to prepare a patent application. The earlier you start, the earlier you can get your patent application filed and get in line with the patent office.
Consider filing a provisional patent application first which is usually faster to file than a nonprovisional patent application because a provisional patent application requires fewer filing requirements. For example, a provisional patent application does not require written claims, and the drawings can be less formal. This allows the provisional patent application to be filed faster than a nonprovisional patent application. However, keep in mind the provisional patent application only lasts for 12 months before you need to file a nonprovisional patent application. Both the provisional patent application and the nonprovisional patent application will save your place in line with the patent office. However, the provisional patent application is temporary for 12 months before you must file the nonprovisional patent application to keep your place in line. So, the provisional patent application is a way to apply for a patent application fast, but it’s only temporary, you must follow up with a nonprovisional patent application within 12 months before your provisional patent application expires. If this needs more explanation, read our article on how provisional patent applications work.
2. Request Fast Examination
Before you can stop others from making your invention, you must get your patent application approved and granted by the patent office. The patent office will look at your invention and compare it to existing inventions to decide if your invention is different enough from existing inventions to deserve a patent. This process is called the examination process, where the patent office examines your invention. The average time for a patent application to be examined by the US Patent Office is 18-24 months. This means it can take years after you file your patent application for the patent office to get back to you with whether it thinks you deserve a patent. Without an approved patent, you cannot stop others from making your invention yet. If you want to stop others from selling your invention faster, you need to get a patent faster, which means you need to get your patent application examined faster.
There are several ways to get your patent application examined faster and the US Patent Office often introduces new programs to allow certain inventors to get their patent application examined faster. We’ll go over a few commonly used:
Track One Prioritized Examination
Track One Prioritized Examination allows you to pay the US Patent Office for faster examination. By paying the accelerated examination fee, your patent application will be looked at faster. The average time for a Track One patent application to be looked at by the US Patent Office is about 3 months.
Patent Prosecution Highway
Patent Prosecution Highway (PPH) asks the US Patent Office to look at your patent application faster when you already had the same patent application looked at by another country or looked at when you filed a PCT patent application, and the other country or PCT office said your invention is patentable.
For example, if you already filed the invention as a patent application in Canada and Canada already granted you a patent, you can ask the US Patent Office to look at your US patent application faster by telling the US Patent Office that Canada already approved you for a patent in Canada. In a sense, you are telling the US Patent Office, “Canada already looked at this patent application and they gave me a patent, so please do the same and approve me.” We can then send the Canada approval to the US Patent Office and ask the US Patent Office to follow suit for a fast US approval. There is no guarantee the US Patent Office will follow suit and approve you like Canada did, but your patent application will be looked at faster in about 6 months.
If you previously filed a PCT Patent Application to buy more time to file in foreign countries around the world, you would have received a report as part of the PCT patent application process that indicates whether the PCT office thinks your invention is patentable. If the PCT office issued a report that they think your invention is patentable, you can use this report to request the US Patent Office look at your patent application faster under Patent Prosecution Highway.
Put simply, Patent Prosecution Highway can be used when some foreign country patent office or the PCT office looking at your PCT patent application has already looked at your patent application and has indicated that your invention is patentable. We can tell the US Patent Office that some other patent office already thinks your invention is patentable and ask for fast track examination and approval in the US.
Fast Examination for First Time Patent Applicants
The US Patent Office is currently offering a limited time program to fast track a patent application for those who are applying for a patent for the first time. If this is your first time applying for a nonprovisional patent application, you can ask that your patent application be looked at faster. There is no cost to enter this program. This program started in 2023 and is set to end after 1,000 patent applications have taken advantage of the program. Check with your patent attorney or patent agent for eligibility.
Conclusion
There are two big factors in determining how fast you can get a patent. First is how fast you can apply for a patent. Applying fast allows you to get in line with the patent office before other inventors can. Secon, is how fast the patent office will look at your patent application. If you want the patent office to look at your patent application faster, talk to your patent attorney or patent agent about the different fast track programs you may be eligible for. Some fast track programs require you to enter the program at time of filing the patent application, so be sure to ask your patent attorney or patent agent early on, before your patent application is filed.
