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How long dose it take to get a patent finalized? I have had a patent filed since July 2013, and I'm still waiting.

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The time required to get a patent depends on various factors, some of which are:

  • The country in which the patent application has been filed
  • The field of technology to which the patent application relates
  • Steps taken to expedite the patenting process
  • Number of independent and dependent claims in the patent application

To get an insight on time taken for getting a patent granted, you may refer to this link http://www.invntree.com/blogs/how-long-does-it-take-get-patent

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The average time in processing a patent usually takes for about 2-3 years from the official date of filing. You will be informed of the official date of filing by the U.S. Patent and Trademark Office within 8 weeks or if done electronically, you will have the application number within minutes.

When you have your patents granted, you will have exclusive right to the patents for 20 years provided you are paying the maintenance fee regularly.

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Are you saying you submitted an application for a patent in July 2013? The average time until a first office action (which is a rejection in about 87% of new applications) is about 18 months, but it varies depending on the technology area.

From the perspective of granted patents (in 2013), the average time from filing until allowance is around 30 months.

Source: http://www.uspto.gov/about/stratplan/ar/USPTOFY2013PAR.pdf

Up-to-date source: http://www.uspto.gov/dashboards/patents/main.dashxml

  • The 95% stat you mention is very interesting and useful. I could not find it in the source document you referenced. Did that stat come from that document? In either case, can you provide a more precise reference for that stat? Thanks! – RockPaperLizard Nov 10 '14 at 12:03
  • Sorry, I was commenting on that stat from memory and it was skewed towards particular technology areas (2100/2400). The overall first action allowance (generally the opposite of a first action rejection) is one that pegs it currently at 13% ( uspto.gov/dashboards/patents/main.dashxml ). – user4545 Nov 11 '14 at 16:04

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