How Long Does It Take to Get a Design Patent?

You may be wondering, “How long does it take to get a design patent?” A typical design patent will take between one and three years for approval. This may depend on whether the design is issued instantly, whether there is a dispute with the USPTO, or if modification for formal issues is required.

How Long Does a Patent Search Take?

This usually takes one to three weeks to finish, depending on the quantity of search outcomes and the workload at the time.

How Long Does It Take to Draft a Patent Application?

If all of the details about your invention are acquired prior to drafting your invention, then a typical timeframe is between two and four weeks to draft the application for your assessment.

The timeframe inside which a law firm might draft a patent application is dependent upon the complexity of the invention, the amount and type of knowledge supplied by the consumer prior to drafting, as well as the variety of adjustments supplied by the consumer after drafting begins.

What Happens After Patent Application Filing?

After submission, the time to patent approval is dependent upon whether or not you start with a provisional or a non-provisional patent application. A common wait time until the USPTO responds with the results of the Patent Examiner’s first substantive assessment and examination of the patent application is about 21 months. The typical time to acquire a patent from the patent office is about 32 months or less. Some technical areas may have a longer or shorter wait time as a result of the USPTO’s patent requirements, which depend mostly on the invention’s area and workload of expertise teams (often called artwork items) at the USPTO.

When filing a provisional patent application, the patent office won't put your provisional patent application in a queue to be examined. This will occur if and when you decide to submit a non-provisional patent application to pursue a patent.

Non-provisional patent applications should be filed within 12 months of the submission date of the provisional application.

What Is Prioritized Examination?

The USPTO has a prioritized examination (also referred to as Track One) for utility and plant patent purposes for a restricted variety of patent applications every 12 months. To be considered for the prioritized examination, the applicant pays a significant fee to the USPTO. The USPTO then sets a goal to provide a final disposition (approval or final rejection) of your patent application within 12 months.

What Is Patent Pending?

When your patent application is pending (after the application is filed, but prior to granting of the patent) you have a patent pending standing. You'll be able to start taking full advantage of your invention after the patent application is filed, as long as the application totally describes and covers all the conditions of your invention that you intend to reveal and use publicly.

First Office Action

Patents are reviewed sequentially, and it typically takes about two years for a patent to be processed. The first response from the USPTO is called an “Office Action.” You'll have to reply to the action, and the USPTO will then have to answer your response. At that point, you'll be able to safely estimate that it'll take no more than three years from the date of your preliminary application submission to obtain your patent.

How Long Does It Take to Get a Patent in Special Cases?

It might take even longer to get your patent if you are submitting an application for a patent in a high traffic discipline, such as a PC software program. If you are required to file a Request for Prioritized Examination or a Continuation Application, your patent could also be pending for 5 to 6 years. There are procedures to apply to the Board of Patent Appeals and Interferences, which will add another 12-month period and further charges, without assurance that you'll win your appeal and obtain your patent.

There is a specific timeline for submitting a patent application. Get help by posting your legal need on UpCounsel's marketplace. UpCounsel only accepts the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Yale Law and have worked with or on behalf of companies like Stripe and Google.