We get asked all the time “how long will it take to get a patent.” The answer is that it depends. Patent applications are assigned to different art units within the United States Patent and Trademark Office depending on what is being disclosed. It is not uncommon for patents to linger for years before they are examined. Luckily, the USPTO provides some data that you can view at a glance to better gauge the backlog of patent applications.
On this day, July 28, 2020, the USPTO provides the following information:
- The USPTO predicts 15.9 months to a first Office Action pendency.
- Traditionally there are 23.1 total months to total pendency.
- The USPTO has 570,329 total unexamined patent applications backlogged.
- The USPTO has 20,813 Requests for Continued Examination on file.
Track One is a method to speed up the patent process. The current statistics are encouraging for patent applicants. Previously, we found track one was fairly slow—the response extended past the year deadline. However, the USPTO data suggests that Track One has significantly improved their speed. The USPTO predicts only 1.7 months from Track One Pendency from petition grant to first office action and only 6.4 months to final disposition. The USPTO also notes that it is only 1.1 months average at this time to track one pendency from filing to petition grant. This is a great sign that Track One has significantly increased their response time. Notably, there appears to be a high rate of allowances for Track One applications as compared with final rejections, abandonment, and notices of appeal.
