Eye on IP

Vol. No. 2008 - Issue No. 5
December 2008

HOW LONG DOES IT TAKE TO OBTAIN A PATENT?

I'm frequently asked: "How long will it take to get my patent?" The answer is: "It depends."

A significant factor affecting the timing is your invention's technical area. The time the Patent Office takes to examine an application depends on its backlog in the subject matter area. Some technical areas have longer backlogs than others.

Professor Dennis Crouch, an associate professor at the University of Missouri Law School and a patent attorney, has researched how long it takes to receive a first office action in various technical areas. Below is the chart he developed, which provides the average time to receive the first office action. You will see that in very active areas such as fuel cells, batteries and solar power, you can expect almost four years to pass before receiving your first office action. This compares to fewer than two years for less active technologies such as electronic conductors and medical instruments.

So, how long will it take to get your patent? It depends.

"Eye on IP" is a trademark of Sheldon Mak & Anderson. Information provided in the "Eye on IP" newsletter is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion.