how long does it take to file patent [Pictures]

Last updated : Sept 15, 2022

How fast can I get a patent?

If you're wondering how long it takes to obtain a patent, there's a short answer and a long answer. The short answer for a design patent is between one and two years from the filing date. The short answer for a utility patent is between one and five years from the filing date.

How much does it cost to file for a patent?

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What are the 4 types of patents?

• Utility patent. This is what most people think of when they think about a patent.
• Provisional patent.
• Design patent.
• Plant patent.

Can I file patent myself?

You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent.

How do you do a poor man's patent?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...

Are patents worth it?

In some industries, patents are absolutely critical. But in far more they are not. It's a well-known fact that a vast majority of patents are worthless. Around 97% of all patents never recoup the cost of filing them.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

How much does a 20 year patent cost?

The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

How can I get a patent fast?

1. Know Before You Go (Ahead)
2. Use Track One Prioritized Examination.
3. Interview the Examiner.
4. Fast Allowance Equals Competitive Advantage.

How long is a patent good for?

How Long Do IPR Rights Last? A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

What can and Cannot be patented?

• something that can be made or used (capable of industrial application)
• new.
• inventive – not just a modification to something that already exists.

Who can grant patents?

Congress has the power to grant copyrights and patents. In fact, the ultimate decision for granting intellectual property protection, in the form of a patent or a copyright, lies with Congress.

Can I patent without a lawyer?

Legally speaking, nothing prevents an inventor from preparing a patent application (or provisional patent application) without a lawyer. Indeed, thousands of inventors regularly do so, using self-help guides such as Nolo's Patent It Yourself, Patent Pending in 24 Hours or Online Provisional Patent Application process.

Can you submit a patent without a lawyer?

No, the use of an attorney or registered agent is not required for filing a patent application. However, an attorney or registered agent is often a useful resource and the USPTO recommends the use of such for preparing a patent application and conducting the proceedings in the USPTO.

What inventions can be patented?

Nearly anything can be patented. Machines, medicines, computer programs, articles made by machines, compositions, chemicals, biogenetic materials, and processes, can all be the subject matter for a United States patent.

What percentage of the population has a patent?

The patent approval rate in the U.S today is close to 52%, very far off from the 95% figure that some claim. So, if you think that the USPTO is handing out patents freely, you're gravely mistaken.

Can you sell an idea to a company without a patent?

Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea. Unfortunately, many companies will not enter into an NDA.

Can you inherit a patent?

Any valid patent, trademark or copyright can be inherited. They will go to a designated heir if included in a will, or benefit heirs if included in a trust. They can also go through probate if the owner dies intestate.

Can someone steal my idea if I have a patent pending?

What Is Patent Pending Infringement? As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission.

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so how long how much time does it take to get a patent this is probably the top question I get is well how long does this process take I got to get my product to market and make money now did you know that you can do something called a track of one or prioritize examination and get to the front of the line and save you a ton of time and getting your patent prosecuted we'll figure that out today with a lot more information as we talk further my name is javi governor I'm a registered USPTO patent attorney managing partner here at bold patents law firm and I am dedicated to talk with you today about the timing considerations to let you know how long does this patent process take as we go along I want to let you know my editing team has put a table of contents so you can fast forward rewind replay this content and jump to the section you want to discuss we're going to talk about quite a bit today and so you're gonna want to make sure you bookmark this link share it and like the video so we can share this with as many people as possible I also encourage you write if you don't like the content or you're confused with something I say put a comment below one of our team or I personally will be able to respond to one of your questions so thank you in advance for your help and participation all right so how long does it take what does that really mean what are the tip that's here so I want to break it out into different types of patents that you can file and try to help you understand the process that way so a provisional patent application right we hear a lot about Provisionals may have seen on Shark Tank or you might have seen on other shows but they're talking about how their patent pending so if provisional is a informal way for you to get a patent application date right that day the all-important filing date because it is now the current system in the US that rewards the first inventor to file not necessarily the first to invent but the first one to get it third mentioned filed at the USPTO using a patent attorney so a provisional will allow one year and right 12 months 365 days baby to get your nonprofit rank that formal patent application submitted so you've got that full year to then go to market share your invention with investors right maybe sharks or real good folks that you know angel investors venture capitalists that may want to put their capital into what you're working on and what's so nice by having that filed is you no longer need to keep whatever you're discussing confidential right if you're only discussing what you filed that is that whole time period okay so you have that one year so that's a definite time in consideration the other aspect that's kind of taken that the other angle is that yes that does mean that you're for building in a year into the whole time scope meaning you won't actually have enforceable patent rights for until the patent gets granted okay so if you're filing a provisional that means you're adding necessarily up to a year in the process and so that could mean you may not be able to go after infringers as quick and so that's also why we recommend for those that are in software or hi-tech right places that are innovating very quickly to instead of filing a provisional to file a non provisional as soon as possible that way they're able to get their patent rights sooner a little trick of the trade so let's jump to in what a non provisional means so right after that year or however long you take to develop your product in the provisional phase a non provisional once submitted can take anywhere between nine months and four years yeah you got that right once it's submitted to the Patent Office it could take up to 40 years to get patent rights granted so don't think this is gonna happen overnight get your watch out and just start to work okay you've gotta let the federal government do their thing all right they go through their own process internally with us signing your invention of classification identifying an art unit which is a technology specific group or one examiner right one the examiner is going to be assigned to your case and there and dirty work on your patent application until it gets granted so you're in a sense stuck with them so one other tip on examiner's I want to mention is that we use all the time is there's a wonderful site called examiner ninja all right there's a couple of those sites out there but we love this one because it shows the statistics on each examiner and kind of the tips and what they tend to do well with right whether it's worthwhile for example to invest effort into doing an examiner interview and whether it makes a difference to go in person or through a video and walk through what the examiner found when they did their research and so on sometimes it's not worth it at all to do the interview or it's better to just do legal argument and stay off the phone right some examiner's have different communication styles and so those are the real trade secrets I'm letting you know that today because that's how I'm willing to make a difference in your personal and inter journey right I'm really invested in making sure you see success I hope and encourage you to work with our firm at bold patents but no matter what I want you to have information so you can make a difference in this world in the most efficient and effective manner so let's walk through the other types of patent applications all right so plant patents and I've got a really cool blog I want you to visit below if you're really curious about plant patents alright so plant patents are all about protecting organic things that grow out of the earth okay so it's really a plant it's not about a you know industrial plant with smoke coming at the top no it says organic created elements okay and there's certain requirements about what it takes to be able to protect those so if you're curious about that please visit the blog in the video I'm going to do unplanned patents later so plant patents typically are shorter so sometimes no 1 to 2 years is how long it will take to get that patent granted why well because there's just fewer these applications out there there's only on the order of 40 to 50,000 plant patents that have ever been issued take that in comparison to 10 million utility patents that have been if you I'm gonna pipeline just a whole lot bigger so plant patents get a separate part unit to get assigned to examiner's that just flat-out aren't is busy those get prosecuted quicker okay next is design patents design patents as you probably have heard before only protect the ornamental appearance in the way something looks there's just less in that application it's only drawings if you've ever looked at the spec the written description of a design patent it's only one page long already just talked about who the title is the inventor and the one claim that says go see the drawings to learn about what this invention is all about so at the substance that the amount of effort it takes to review do an examination and provide an opinion on that for the examiner is really limited so the time and prosecution gent tends to be be

Thanks for your comment Felicita Sheridon, have a nice day.
- Adaline Schone, Staff Member

how long does it take to get a patent the answer surprises most people so stick around and this video is going to give you all the answers to the questions about the time it takes to get an issued patent and the variability of it so if you're new here my name is dylan adams i am a patent attorney and author of the best-selling book patents demystified which is an insider's guide to protecting ideas and inventions used by inventors entrepreneurs and startups worldwide including at top universities like harvard stanford and mit you might also recognize me from my appearance on cnbc's hit show the profit with marcus lemonis so this channel is all about giving you the insider tips that i use with my clients every day whether they be fortune 100 companies startups or even shark tank businesses to help them protect their ideas and inventions so subscribe the channel if you want more on startups and patents and click the little bell icon to get notified when new videos come out alright let's get right into it so the short answer is it takes a long time and specifically it can take years to get an issued patent from when you first file your initial patent application and i'm going to share you with you in this video sort of the process of how long it takes and why it takes so long but also why it's not that big of a deal that takes so long and if anything it's actually a good thing so stick around to the end where i get into those secrets about the length of time not necessarily being a bad thing so let's first start off with the patent process and generally what that is and where the time comes into it so first let's start off with the two ways to start the patent process one is to file what is called a non-provisional patent application and that's the application that actually matures into an issued patent you file that application at the united states patent trademark office and it waits in line for anywhere from one to three years and why is that well it's just because it's the federal government they have a huge backlog of patent applications that they need to go through and so before examination even begins it can be one to three years depending on the type of technology when patent applications are filed they're assigned to what's called an art unit and the different art units they will do examination on different types of technology some of the art units are really backed up like things like computers you know those things tend to take a lot longer they can be sometimes in more like the three-year range whereas other technology areas aren't as busy and you know maybe it's going to examination only begins after a year you know maybe even less or you know definitely less than the the three-year mark so one to three years goes by after you file the non-provisional patent application and then the examination process begins and what happens there is the bad examiner is going to do a prior our search to determine whether the invention as claimed is new and non-obvious over the prior art and prior can really be any sort of technology disclosure most of the time this is going to be issued patents or published patent applications but really it can be any sort of technology disclosure could be websites blog posts videos actual products in a catalog scientific journal papers really any technologies closure could be used as priority as long as it was in existence before you filed your patent application so the patent examiner does this prior art search and then will create rejections against the application and mail them to you in what's called an office action and then you have you know typically it's going to be three months to respond this office action it can be up to six months to respond and then once you respond it can take a long time before the patent examiner then review the offs action maybe do another prior art search and then typically we'll come back with more rejections after doing another prior art search so when from when examination begins to filing your first office action you know you can do that quickly but typically it's going to be in the range of months before you actually file that response and then it can be months or you know sometimes years before the examiner will actually get back to you after you respond to an office action so this back and forth can go really indefinitely as long as you're willing to fight the rejections and pay money and things like that it can go on for years upon years upon years but typically you're going to go back and forth with examiner i would say on average two to three times that's pretty typical sometimes you get lucky and the examination and the application is allowed immediately that's pretty rare but you know sometimes you know the on on the on the other side is you have to battle out with the examiner and you can go back and forth you know six seven eight times which takes a long long time so when the examination process begins it can be years upon year sometimes before you start examination to when you convince the examiner what you have is new and non-obvious depends on how many times it goes back and forth and sometimes there's delay at the patent office you get an example examiner who maybe goes on vacation or loses your file or just is really backed up and it takes a long time for them to to get to your stuff i've had patent applications be in examination for close to 10 years um you know but you know a lot of times it's not that long but i would say on average you know it's going to be a few years it's going to be at least a couple years you know sometimes three years depending on how much you have to go back back and forth with the examiner so that was the first way to start the patent process which is again what's called the non-provisional patent application but for most startups and what i think is a great way to start the patent process is actually what is called a provisional patent application so the provisional patent application process you file a provisional it lasts for one year and then the provisional patent application expires after that year that term can't be extended and you have to file the non-provisional before the provisional expires so the provisional doing the provisional which again is what i recommend typically for any startup and and most businesses that's going to add another year to the patent process and probably what you're asking yourself and what most people think is well that's crazy i want to get a patent as soon as possible that's what's most important i need to have an issued patent and some people think that well before i even start selling my product or before i start talking to investors or doing anything with my business i need to have an issued patent and that is one of the biggest mistakes that startups make is thinking that i need to have an issued patent at hand that is absolutely untrue and what i'll tell you is some of my most successful clients and in fact the most successful clients that i have they are able to get substantial traction with their business whether that be sometimes selling the company or licensing the idea or you

Thanks Shirley your participation is very much appreciated
- Adaline Schone

About the author

Adaline Schone

I've studied condensed matter physics at Earlham College in Richmond and I am an expert in surface chemistry. I usually feel full. My previous job was field health officer I held this position for 24 years, I love talking about sculling or rowing and kanjira. Huge fan of Ken Watanabe I practice alpine skiing and collect jersey cards.