how long does it take a patent attorney to file a patent

What are the steps comprising the patent filing timeline?

Let’s understand every single step of the patent process and the amount of time it is likely to consume. Each step in the patent filing timeline has equal importance. Hence, you must ensure you devote a decent amount of time to them. They are as follows.

What is the whole patent registration process?

The whole patent registration process involves different stages of the patent application process which make up the patent filing timeline. Therefore, you should be aware of all the deadlines and response times so that the entire procedure goes smoothly.

How many claims can you file in Track One?

The goal is to provide a final disposition within 12 months of receiving priority status. You must note that you can file 4 independent claims and no more than 30 claims in this.

Is it necessary to draft a patent application?

It is vital to draft your patent application properly. Needless to say, everything depends on the quality of your draft. So you must make sure that you cover everything in your draft. This includes perfecting your description, patent claims, and patent illustrations. Hence, spending a lot of time on perfecting your draft is highly advisable.

How long does it take to file a patent in a country?

The PCT application isn't a patent application itself. It just allows you to file a single patent application one time to flow through several countries. Within 30 to 31 months, you must file a patent application with each country's patent office.

How long does it take to get a patent?

According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months. This costs $1,000 to $4,000. According to other sources, approval length could be up to 25 months in the United States and 37 months in Canada.

Why Is a Patent Important?

Patents protect your intellectual property. You get ownership over your invention and any products created as a result of the patent. It prevents others from creating, making, or selling a product like yours. It also gives you legal recourse from infringers. Once approved, you own the legal rights to your patent for 20 years. You can also sell or license your patent to third parties. These third parties need:

What if My Patent Gets Rejected?

However, this adds another year to your patent approval time. You're also subject to legal fees. There's no guarantee that the decision gets overturned. If the patent rejection does get overturned, this usually means it will take three years from the time of filing. Requests for Continued Examination (RCEs) add even more time. This usually increases the final disposition to 37.9 months from the date of filing.

What is a patent pending?

Patents that have been filed but not yet approved have patent-pending status. You can use your pending patent to make, sell, and license the product during this time. The patent in question must describe and cover all elements of your invention to meet a patent-pending status. However, others might hold a similar patent pending. This gives them legal recourse to prevent you from making and selling the invention. To avoid this situation, perform a right-to-use search before marketing, making, or selling your invention.

What is track one patent?

Track One is a prioritized type of patent application. It's only available to plant and utility inventions. When filing for Track One, you must pay a bigger fee. The USPTO tries to complete its examination of Track One applications in as little as 12 months.

How long does a patent pending stay in the USPTO?

You must respond to this notice, and the USPTO will respond back to you. Sometimes, you might have to file a Request for Continuing Examination or a Continuation Application. This might mean your patent pending status could last five to six years.

How Long Does it Take to Get a Patent?

According to the USPTO, it takes approximately 24 months to get a patent in 2019. The time it takes to get your patent approved depends on the complexity of your invention and the number of pending applications. The more complex your invention, the longer it will take to get your application approved.

How long does it take to draft a patent application?

The time it takes to draft the application depends on the type of patent you’re applying for, the information you’ve supplied to your attorney, the complexity of your invention, and the changes you make to your application.

How Much Time Does it Take to Get a Patent Through Track One?

If you opt for track one service, the USPTO will do it’s best to give you either a final rejection or approval within 12 months.

What Happens if Your Patent is Rejected?

If the USPTO rejects your patent application, you’re not completely out of luck. You can respond by explaining to the examiner why they are wrong. Usually, the examiner will cite references which are typically others patents and explain why your invention is not new or doesn’t meet a certain requirement.

What happens if you file a patent application before it's approved?

Once you’ve filed your patent application but before it’s approved, you will have patent pending status. While your waiting for the USPTO to hopefully approve your application, you can use, make, sell, and license your product or invention. But remember, at this point the USPTO has not granted you a patent, so you cannot restrict others from using, making, or selling an invention that’s the same or similar to yours. Once your application is granted, you can take legal action against anyone who infringes upon your patent.

Why is it taking so long to get a patent?

Your patent is taking long because at any given moment, the USPTO has a backlog of hundreds of thousands of pending patent application. As of June 2019, the patent office has 553,756 pending patent application and only 8,174 patent examiners to examine the applications. Patent examiners have an enormous workload that they have to cope with.

How to protect your intellectual property?

Protecting your intellectual property by patenting your invention or process is one of the most important things that you can do if you want to profit from your invention. Once the USPTO grants your patent application, you will be able to restrict others from making, selling, or importing your invention to the United States.

What are the steps needed to get a patent?

Every process follows a certain logistical path and obtaining a patent is no different. However, the path can get confusing, and being left without a map is a surefire way to make a mistake in applying for a patent. The steps outlined below will serve as a good resource in gaining an understanding of the full process.

How long does each step take?

Each step of the process takes a different amount of time, and the length of each can vary as well. Below, we’ve listed out the average length of each step in the process:

How long does a patent need to be maintained?

Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents. If the maintenance fee and any applicable surcharge are not paid in a timely manner, the patent will expire. See the Maintain Your Patent page for more information.

Who can get a patent for a design?

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

What is the patent program?

The Program provides free legal assistance to under-resourced inventors interested in securing patent protection for their inventions.

What is a patent trial and appeal board?

The Patent Trial and Appeal Board (PTAB) is created by statute, and includes statutory members and Administrative Patent Judges. The PTAB is charged with rendering...

What is EBC in patent?

The Patent Electronic Business Center (EBC) assists customers with filing electronic patent application submissions via the EFS-Web and with the review of patent...

What is a patent collection?

A collection of policies, procedures, guides, tools and manuals are associated with the patent process.

When was the America Invents Act enacted?

Due to the enactment of the America Invents Act on September 16, 2011, the USPTO created this page containing forms for patent applications filed on or after September 16...

How to become a patent attorney?

Here are six steps to become a patent attorney: 1. Earn a science or engineering degree. First, a potential patent attorney earns a four-year college degree, usually a Bachelor of Science degree, in an engineering or science field . This can provide the technical knowledge base for you to understand the patents you're going to be working with, ...

What does an attorney need to write a patent?

Legal and scientific writing: An attorney creates patent applications, so they need to be fluent in legal and scientific language to describe inventions. They also need to read and understand other patents to make sure no one has already patented an idea, and file the correct court documentation in any legal activity needed to protect intellectual property.

What is the difference between a patent agent and a patent attorney?

A patent agent refers to someone who has passed the national patent bar exam but has not gone to law school and passed a state bar exam. A patent agent can consult on patent matters, but cannot provide legal advice.

What does a patent attorney do?

Legal representation: Patent attorneys represent their clients in court when they need to settle intellectual property disputes.

What skills do patent attorneys need?

Patent attorney skills. A patent attorney may need a wide variety of legal and technical skills to understand and represent their clients' patents. These are some skills a patent attorney may use: Legal and scientific writing: An attorney creates patent applications, so they need to be fluent in legal and scientific language to describe inventions. ...

How much do patent attorneys make?

The average base salary for patent attorneys in the U.S. is $159,649 per year. The salary depends on your geographic area, your employer and your specialization. According to the U.S. Bureau of Labor Statistics, the projected growth rate for all lawyers is 4% between 2019 and 2029, which would mean 32,200 new jobs.

How long does it take to get a masters degree in law?

These degrees usually take one year of full-time study to complete.