How Long Does the Patent Process Take?

If you’re looking to obtain a patent, you may wonder how long the process will take. Read on and contact Lemler IP to learn more about the patent process, how long it tends to take, and how a seasoned New Orleans, Louisiana patent lawyer can help guide you through it. Here are some of the questions you may have:

What is the Initial Step in the Patent Process?

Before diving into the timeline, it’s important to understand the starting point. The first step is preparing and filing a patent application with the United States Patent and Trademark Office (USPTO). This application needs to be comprehensive, detailing the invention and demonstrating its uniqueness and utility.

How Long Does the USPTO Take to Review a Patent Application?

After filing, the waiting game begins. Typically, the USPTO takes about 18 to 24 months to begin their examination of a patent application. This waiting period can vary based on the complexity of the invention and the backlog of applications the USPTO currently has.

Are There Any Steps to Expedite the Patent Review Process?

Yes, the USPTO offers a Track One expedited patent examination process. By opting for this, the review process can be shortened to about six to twelve months. However, this comes with additional fees and certain eligibility requirements.

What Happens After the Examination Process Begins?

Once the USPTO begins examining your patent application, a few scenarios can unfold:

• The application is approved: This is the ideal outcome. Once approved, the applicant will need to pay the issue fee to obtain the patent. The patent will then be granted, offering protection for the invention.
• The application receives an “Office Action”: This means that there are issues or concerns with the application. The applicant will have an opportunity, typically up to six months, to address these concerns and amend the application.
• The application is rejected: In the case of a final rejection, the applicant can request continued examination, appeal the decision, or consider filing a continuation application.

How Long is the Total Duration from Application to Patent Approval?

Factoring in the initial wait time and potential for back-and-forths with the USPTO, the total duration from application to patent approval can range from 24 to 42 months or even longer. Opting for expedited processes or facing minimal objections can reduce this timeline.

Does State Law, like Louisiana’s, Influence the Process?

Patents are primarily governed by federal law, so the process is consistent across states. However, when it comes to commercializing or enforcing patent rights, state laws such as those in Louisiana can come into play. Therefore, it’s vital for applicants to work with an experienced Louisiana intellectual property attorney who understands both federal and state nuances. If you are an inventor and have questions about protecting your invention via patent reach out to Lemler IP today to consult with a seasoned Louisiana Patent Attorney.