Patent applicants often ask how long it will take to obtain a U.S. patent. The answer depends in significant part on the type of application filed first.
Recently, the USPTO Patents Dashboard reported a staggering backlog of over 745,000 unexamined patent applications. The average wait time for a first office action was nearly 21 months with an average total pendency of nearly 29 months from the nonprovisional application filing date. If your first filing is a provisional application instead of a nonprovisional, this can add another 12 months. And, if you use the Patent Cooperation Treaty (PCT) process, the total pendency of your application can average 59 months, i.e., nearly five years.
Selecting a First Filing Strategy
There is no “one-size-fits-all” approach to securing a U.S. patent. The filing strategy should balance the applicant’s target countries, budget, and desired timeline.
- Provisional First: Lowers upfront costs but adds up to a year to the timeline because it does not enter the queue for examination.
- Non-provisional First: The fastest direct path to a U.S. patent, but requires higher initial fees than a provisional application and still takes nearly 2½ years, on average.
- PCT First: Highest initial costs but buys time to assess market value and review international search and examination reports before investing in expensive international filings.
Planning for the Patent Process
Navigating the U.S. backlog requires a tailored strategy. In my next post, I will share strategies to accelerate patent examination at the USPTO and reduce wait time.
For assistance with patent drafting, filing strategy or pursuing patent protection in the United States and abroad, please contact Catherine U. Brown.
