October 09, 2020

How Long Does It Take To Get a Patent?

patentYou’ve come up with a wonderful invention, and you want a patent for it. Getting a patent can take some time, so you’ll need patience to get through the process. Here’s a typical timeline for getting a patent.

Initial Research and Legal Analysis

This is one of the most important stages in the patent process. This legal analysis is the basis of your patent claim. It’s a time-consuming task that requires substantial legal knowledge. The questions you must answer include:

  • Does your idea have coinventors?
  • Are there statutory bars to getting a patent?
  • Can anyone else claim ownership of your idea?
  • Can it be patented?
  • Can it be marketed?

Typically, this stage takes about three weeks. Sometimes, we can finish it in a week. Working with a Dallas patent attorney is the best way to ensure this stage is handled efficiently.

Drafting the Patent Application

In this stage, your attorney files an initial patent application. This application requires a great deal of paperwork, and all of it must meet the stringent guidelines of the US Patent and Trade Office (USPTO). You must include a detailed description of your invention, a list of all feasible alternative embodiments, diagrams and drawings.

How long does this take? If you prepare it yourself, it could take a long time. If you work with a patent attorney Dallas, the process will be faster and less of a headache. A patent attorney Dallas Texas can complete the draft application in two to four weeks. If you need it earlier, we can work with you to expedite the process.

Once we file your application, your invention will have a “patent pending” status. You can begin marketing, selling or otherwise using your invention as soon as it is patent pending.

Final USPTO Determination

How long will it take to get a determination from the Patent Office? The answer depends on the type of patent application you filed. There are four types: provisional, nonprovisional, plant and design.

Provisional

With a provisional application, the Patent Office does not put your application in line for an examination. Instead, you get a date to file a full, nonprovisional application within one year.

Filing a provisional application gives you more time to develop your patent and avoid statutory bars, but it can add a year or more to your waiting time.

Nonprovisional

These are the most common type of application. Once the USPTO receives your nonprovisional application, your application goes into a line to await examination. Agents at the USPTO will review your application and issue an initial review before completing a full examination.

Please note these key facts about the review process:

  • The first review of the examination typically takes about 21 months.
  • The time it takes from initial review to issuance of a patent is about 36 months.
  • This means a total time of roughly four years to receive your patent.

A properly researched and written application ensures that your application results in a patent. Working with a Dallas patent attorney is the best way to file an application that gets a positive result.

Plant

A plant application is the fastest patent to process. It takes about two years from start to finish.

Design

Like a plant application, a design application generally goes through the review system quickly. It will normally take two years.

What Is the Prioritized Examination?

Plant and design applications may qualify for a prioritized examination with the payment of an additional fee. If you apply for this examination, the USPTO will attempt to make a decision about your patent within 12 months. This is also known as a Track 1 application.

The prioritized examination is only available to a few applications each year. If you are interested in filing for a Track 1 or prioritized examination, ask your patent attorneys in Dallas about requesting one.

Work with a Dallas Texas Attorney Who Specializes in Patent Applications

Getting a patent is time-consuming. You don’t want to spend all that time waiting only to get a rejection from the Patent Office. To avoid that, hire an experienced Dallas Texas attorney who specializes in patent law. At Badmus & Associates, we have the knowledge and experience to guide your patent application to a successful conclusion. When you need a patent attorney Dallas TX, call us.