Key Takeaways

  • Patent applications are usually published 18 months after filing, but the time from publication to grant varies widely.
  • The average period from publication to issuance is 1–3 years, depending on the backlog at the USPTO and examiner workload.
  • Factors such as patent type, prior art complexity, examiner responsiveness, and applicant amendments can significantly extend or shorten the process.
  • Applicants can use Track One prioritized examination to accelerate issuance, sometimes receiving a patent within 12 months of filing.
  • Publication establishes public notice of the invention but does not grant enforceable rights until the patent is issued.

Differences Between Granted Patents and Published Applications

Patent publications are listings of applications for patents, rather than an actual patent itself. The old practice at the USPTO was for the patent application to remain private until the patent was actually issued.

However, since 2000, most patents are now published within 18 months of their application. The result is that most patents filed in the United States are published less than a year after application.The eighteen months are set to begin from the earliest date of filing, which ends up being the patent's priority date.

For those patents that are filed up to a year after they are put into the market, their timer begins upon their market sale. This means that these patent applications may even be published just half a year after submission.

Before the patent is published officially, it still remains private to the public.

The published applications actually look quite the same as regular official patents. If you don't look carefully, you might accidentally mistake a patent application that's been published for a patent that's been officially issued.

There will be a label saying that the document is a publication of an application on the cover sheet. If the patent number includes an "A" in the suffix, that means it is an application. In contrast, if the patent number includes a "B," that means it's been officially granted. When a patent is published, that is when the public can access it and is considered "prior" drawings for other applications.

However, the publication lacks enforceability for infringement, meaning it is not effective yet in protecting the invention. Often an inventor will, upon publication of the application, be able to begin licensing the patent to some degree.

Many applications do not result in patents being granted. Just because the application has been submitted doesn't mean it will be approved.

If you need additional certainty for if you are looking at a granted patent or an application, it will usually say in the top left part of the page if it is a regular patent or an application. Also, remember the patent number will be formatted differently for applications.

An application publication will usually have a year followed by a slash mark, and then the application number. An actual granted patent will instead have commas that designate its serial code.

There are almost countless millions of patents in the United States, with patents only increasing in use. Compare the utility patents granted per year:

  • 1790: 3
  • 1800: 41
  • 1850: 884
  • 1900: 24,656
  • 1930: 45,226
  • 1975: 72,000
  • 2000: 157,494
  • 2015: 298,407

For an official patent, there will also be a date for the patent's issuance listed underneath its serial number. Publications will instead include a clearly written publication date. Patent numbers are also listed in groups of five that are between the initial and subsequent columns of each patent page. In contrast, for patent publications there are no line numbers, but rather only paragraph numbers.

How Long After Publication Is a Patent Granted

Many inventors wonder how long after publication a patent is granted, but there is no single answer. On average, once a U.S. patent application is published—typically 18 months after the initial filing—it may take another 12 to 36 months before the USPTO issues the patent. The exact duration depends on several factors:

  • Type of patent: Utility patents tend to take longer than design patents.
  • Examiner workload and backlog: The USPTO’s examination queue can vary significantly across technology fields.
  • Complexity of the invention: More complex applications often require multiple rounds of review, extending the time to issuance.
  • Applicant responsiveness: Delays in responding to office actions or making amendments can slow down approval.

In some cases, the process may be expedited through Track One prioritized examination, which allows applicants to receive a final disposition (grant or rejection) within about 12 months of filing.

Applicants should note that publication does not mean patent rights have been granted—it only makes the invention publicly visible. The inventor gains enforceable rights only when the patent is officially issued by the USPTO.

Exceptions to the 18-Month Rule

Often an inventor will request that the publication is made as soon as possible, as often they will be allowed to begin licensing the patent for royalty payments if it is published. If the application is provisional, it will not be published and thus, will remain confidential.

Certain modified patent applications, such as divisional and continuation-in-part, are additions to older applications. These can be published quite quickly.

What Happens Between Publication and Grant

After publication, the application enters the prosecution phase, where a patent examiner reviews it for compliance with patent laws and novelty standards. This phase includes:

  1. Examination: The USPTO checks whether the invention is novel, non-obvious, and useful.
  2. Office Actions: Examiners may reject or object to certain claims. Applicants can respond or amend claims to overcome these issues.
  3. Allowance or Final Rejection: If the examiner finds all issues resolved, the application is allowed. If not, the applicant may appeal or abandon it.
  4. Issue Fee Payment: Once allowed, the applicant must pay an issue fee before the patent is granted.

The period between publication and grant is an important time for strategic monitoring. Applicants can track competitors’ filings, pursue licensing opportunities, or prepare for enforcement once the patent is issued.

Reasons to Publish Your Patent Application

Usually a company will want to publish its patent application. However, sometimes companies will refrain from doing so for various reasons.

If the applicant wants to apply for an international patent or foreign patent as well, the applicant is required to publish the U.S. patent application.

However, if the patent product is not going to be applied for in another country or for an international agreement patent, then the applicant will be able to decide if they want it published or not.

The publication of a patent grants "provisional" rights to the patent, which means they can begin moderate licensing and royalty use of it.

Practical Benefits of Understanding the Grant Timeline

Knowing how long after publication a patent is granted helps inventors plan business and R&D strategies. Understanding this timeline enables:

  • Better budgeting: The post-publication phase includes costs like legal responses, maintenance, and issue fees.
  • Investor confidence: A predictable grant timeline reassures investors that the invention is progressing toward protection.
  • Licensing leverage: Even before grant, published applications can attract interest from potential licensees aware of the pending rights.
  • Competitive positioning: Early publication establishes prior art against competitors’ later filings.

If your patent strategy involves commercialization or foreign filings, timing is especially critical. Applicants considering global protection under the Patent Cooperation Treaty (PCT) can align their U.S. and international filings to maximize coverage and avoid delays.

If you need help navigating the patent process—from application to publication and eventual grant—you can find experienced patent attorneys on UpCounsel, where only the top 5% of lawyers are accepted.

Frequently Asked Questions

1. How long after publication is a patent granted? Typically, a U.S. patent is granted 1–3 years after publication, depending on complexity and USPTO backlog.

2. Does publication mean my patent is approved? No. Publication only discloses your invention to the public. The patent becomes enforceable only after it is officially granted.

3. Can I speed up the time from publication to grant? Yes, through the USPTO’s Track One prioritized examination or Patent Prosecution Highway (PPH), which can shorten the process to about 12 months.

4. What happens if my patent is rejected after publication? You can amend claims, respond to office actions, or appeal to the Patent Trial and Appeal Board (PTAB).

5. Why is understanding the publication-to-grant timeline important? It helps inventors plan for costs, protect market opportunities, and manage licensing or investment strategies effectively.

If you need help with filing your patent, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5-percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with, or on behalf of companies like Google, Menlo Ventures, and Airbnb.