September 6, 2018 at 2:01 pm #7172Nick BennetParticipant
I’m preparing to apply for a patent here in the US and I was wondering how much I should expect to be waiting until everything is done. So how long does it usually take to have the application approved and reviewed? I’m aware it probably depends on a number of factors but maybe someone can give me a rough idea on what to expect.
Thanks.September 6, 2018 at 3:28 pm #7173Jess NaylorParticipant
You’re right, it depends. What I can tell you is that the USPTO currently has around 800,000 applications in their backlog and only about 8000 examiners. That’s 100 applications per examiner, and we all know how time consuming reading a patent really is, even more so when examining it. Plus, every application requires certain steps, which could also slow down the process.
Right now, it takes roughly 2 years to get your first Office Action from the USPTO. However, it highly depends on the field that your invention fits into: the more crowded, the longer it takes. For example, if your invention is in a very popular field like computer software, it could take twice as long. But if it’s in a less popular art you could even get it in 1 year.
Also keep in mind that every application gets about 3 office actions before getting the patent, and you need to respond to each of them, thus requiring more time. So all in all, you could get your patent in about 3 years if you’re lucky. That would be the minimum.
You’ll have to be patient and keep pushing forward.September 6, 2018 at 5:21 pm #7177Nick BennetParticipant
Hi Jess, thanks so much for the information. You can’t find these details anywhere on the USPTO website.September 7, 2018 at 9:20 am #7182Mike PallantParticipant
Hello Jess, do you think it is possible to license an idea without having a patent?September 7, 2018 at 10:05 am #7189Jess NaylorParticipant
Hi, from my experience it is very hard to license an idea without having a patent for it. I honestly don’t know of any examples where this has been done before but there might be a few out there.
Sorry, I don’t really have any valuable advice in this area unfortunately.September 7, 2018 at 5:30 pm #7191Joe SteemParticipant
You can license an invention that is Patent Pending.
You can get the patent pending status for 12 months by filing a Provisional Patent Application with USPTO for $65.
A provisional patent application is a low cost placeholder ($65.00) for applicants who qualify for micro-entity status that establishes a filing date for an invention but will not result in a patent on its own.
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