how long does it take to get a patent from lawyer

How long does it really take to get a patent?

May 21, 2021 · Since you will have to respond to the action, and the USPTO will then have to respond to your response, you can safely estimate that it will take at least three years from the date of your initial application to receive your patent. How Long Does it …

How long does it take USPTO to issue a patent?

A well-written patent application can be produced within a few weeks to a couple of months. The better written the application is, the more likely it is to be examined quickly and favorably. A competent patent attorney knows precisely what to disclose and how to disclose it to obtain the broadest and most meaningful protection possible.

How long is patent good for once it's awarded?

Nov 27, 2018 · As discussed above, the varying types of patent applications can have an impact on how long the overall process will take to get a patent.The estimate above of 30-120 Days is how long it will take your Patent Attorney to draft your patent application. Now, to more fully appreciate the details of how to file a patent application – see our blog here.

How long does it take to get patents approved?

Jun 20, 2019 · To get a patent, you’ll have to file a non-provisional patent application within 12 months of filing your provisional application. For example, if you filed your provisional application on January 10, 2019, you will have to file your non-provisional application by January 10, 2020.

First Office Action

Patents are reviewed sequentially. At any given time, the USPTO has a backlog of several thousand applications, and just a few thousand examiners on hand to review them. As a result, it takes about two years for a patent to be processed.

How Long Does it Take to Get a Patent in Special Cases?

It can take even longer to get your patent if you are submitting an application for a patent in a high-traffic field such as computer software. In such cases, getting your patent can take twice as long, even if you are not required to file any special documents to support your application.

What is a plant patent?

A plant patent is granted by the United States government to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.

What does "abandoned" mean in trademarks?

Abandoned means that the trademark application is no longer pending and cannot mature into registration. This will happen because you’ve given up on the pursuit or you lost track of the process.

Who is Jeff Williams?

Jeff Williams is an experienced mechanical engineer and lawyer that consults closely with clients in a strait forward and clear manner. He brings a particular set of strengths and unique perspectives to the firm. 
 Jeff received a B.S. in Mechanical Engineering from Arizona State University in 2005. He was an engineer for a number of years at a number of large corporations before pursuing his law degree. He graduated from Texas A&M University School of Law (formerly Texas Wesleyan University School of Law) with a J.D. in 2010. By combining his education and prior work experience into the field of intellectual property law, Jeff has developed key skills to fully assist clients. View all posts by Jeff Williams

Key Timing Considerations

There are many different types of patent applications. I discuss the different types ( Design, Utility, Provisional, and Nonprovisional) in a separate article that you should have a good understanding of before you read this one!

Technology Dependent

The amount of time a patent takes to get through the process is dependent in part upon the type of technology being sought for patent protection.

Applicant Size

There are a few things about the applicant that can speed up or slow down prosecution.

Timing Considerations During Patent Process

There are 3 areas to consider for the timing process. Pre-filing, applications, and prosecution.

Ways to Expedite the Process

The patent office has conceived of a few ways to speed up the process and in most ways, it costs extra money!

The Statistics

I could spit-ball numbers based on specific client scenarios I’ve seen first-hand, but I think it’s better to provide you the aggregate stats over time for all applications that have been filed.

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.

Why do software patents take so long?

That said, some technology fields, such as software patents take even longer because of the lack of examiners who are experienced in the area. Additionally, many applicants go back and forth negotiating with the patent examiner, this adds to the considerably long wait times.

What happens if the USPTO rejects your patent application?

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.

What happens if you draft your patent application too broadly?

If you draft your you application too broadly, the patent examiner may disagree about whether it meets the patentability requirements set forth by the law.

What happens when you patent an invention?

Also, by patenting your invention, you will have superior rights over subsequent people who are seeking to patent an invention that’s similar to yours. Once your patent is granted by the USPTO, you will be able to sell or license your patent to third parties.

How to get a patent processed faster?

To get your patent processed more quickly, you’ll need to fill out a Track One request form, using the EFS Web Filing Tool. Remember that getting accepted into the Track One program is not automatic and the spaces are limited to 10,000 applications per year.

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, ...

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.

What is a patent attorney?

A patent attorney helps clients throughout the entire process of getting a patent, from working with the inventor during the development process to filing the patent and defending it from intellectual theft after they file it.

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. ...

What is technical knowledge in patents?

Technical knowledge: Many patents are highly specific and detailed, as inventors constantly develop new ideas and variations on older concepts. A patent attorney must be able to understand these inventions, and other inventions, to identify even the smallest difference.

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

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

How long does it take to get a juris doctorate?

If you attend as a full-time student, the degree usually takes three years to complete, although part-time evening programs are available that can take four or five years.

How many hours do patent lawyers work?

Most patent lawyers work a regular 9 a.m. to 5 p.m. Monday through Friday schedule, but overtime hours may be required .

How much do patent attorneys make?

Patent attorneys earn between about $212,735 and $291,628 annually according to June 2020 data from Salary.com. The median annual salary for this type of lawyer is $253,324. The variance is based on experience, specialty, physical location, and other factors.

What does a patent lawyer do?

This type of attorney specializes in obtaining protection for your intellectual property (IP). He or she will examine the invention, guide inventors through the patent application, and actually obtain a patent on the invention.

Do lawyers know patent law?

In fact, most lawyers do not know about patent law. A successful business should always hire a lawyer who specializes in patent law, and they should avoid compromising quality by doing so. The main responsibility of patent lawyers is to execute the patent rights of the client.

Can a patent lawyer work in the same capacity as a patent lawyer?

Those who have the necessary professional qualifications and pass the exam, but do not obtain a diploma, can still work in the same capacity as patent lawyers.

Does law school help with patents?

Law school alone does not provide enough understanding of how to formulate a patent application. Just because a person has passed the bar does not mean that they know how to write a patent application. Patent lawyers work in the special field of intellectual property law and specialize in patents.

Do patent lawyers have experience?

Patent lawyers are certainly not plentiful. In fact, companies that choose to serve small businesses and individuals do not always offer the best service. Patent law firms often give them a junior patent lawyer with insufficient experience.

How much does it cost to get a patent?

Hiring a professional usually increases the odds of the patent application being accepted. Most patent agents and lawyers charge a minimum of $100 per hour, and hundreds of hours are usually expended to prepare and file a patent. The process may require more than $100,000, but it is more likely not to exceed $20,000.

What type of search is a patent?

Ensure that your idea is not already taken by investigating existing and pending applications. Some of the patent search types include a clearance search, a patentability search, a validity search, and a mining search .

What is utility patent?

A utility patent is the term used to describe what most people think of simply as a patent and is the most common type of patent. Utility patents protect a variety of inventions from duplication by others for 20 years from the application submission. Other types of patents include design patents, plant patents, and more.

How to use the First Office Action Estimator?

You can use the First Office Action Estimator once you receive the Official Filing Receipt from the USPTO to get an estimate on when the initial decision will take place. To speed up the process, you can pay for the Track One System of the Patent Office, which avoids part of the line.

What happens if you don't file for a provisional patent?

If you choose not to file for a non-provisional patent, your provisional patent ends and there are no more fees required.

How many countries are covered by the Patent Cooperation Treaty?

The Patent Cooperation Treaty covers 149 countries and makes it possible to seek patent protection for an invention in many countries simultaneously by filing a single "international" patent application. Once you have a patent-pending status in hand, you can sell the rights to it for economic gain.

What is provisional filing?

A provisional filing protects the inventor for a year. This method is less expensive, and you can start making a profit as soon as the patent is pending, but the gain is short-lived.

How long does it take to get a provisional patent?

To get a provisional patent application on file, that would take you anywhere from few hours to 3 months. However, this is only a placeholder patent until you file a utility patent application within a year from the filing date so you can benefit from the priority date.

How to get a patent?

It just depends on how quickly it can be written (by you or an attorney). Filing takes less than an hour. If you are going to try to draft and file a patent application, look at the USPTO website. Get prepared to do a lot of reading. Three reliable paths are (1) use the USPTO website as your main guide. (2) Buy Patent It Yourself from Nolo Press. It works (I used it for my first patent application). (3) use PatentPathway (no space between Patent and Pathway) - it has everything you need. Read everything in the FAQ section first to decide if it’s right for you.

Who is a Lawyer?

According to the American Bar Association, a lawyer is a licensed professional who advises and represents people in legal matters. The lawyer is also an attorney, counsel, or counselor. So whenever you hear these alternative names, you still know who the person is referring to.

What Does a Lawyer Do?

The movies and fictional novels will often portray lawyers as those who stand for criminals or victims of unfortunate situations. This is not all that a lawyer does, however. In fact, it is just a kind of lawyer that defends criminals – the Criminal Defense Lawyer.

Why Study Law?

When you consider that it takes 7 years to become a lawyer, you begin to ask yourself why you’ve decided to take this path. Even though your passion is strong enough motivation to keep pushing, you need to refresh your mind on the reasons why you’re studying law.

How Much Does a Lawyer earn?

According to the Bureau of Labor Statistics (BLS), Lawyers in the USA earn an estimated $120,910 per year. As of 2018, there were 823,900 jobs available for lawyers in the USA. BLS estimates the job to grow by 6% from 2018 to 2028. That is to say that there will be additional 50,100 jobs available for lawyers.

How Long is Law School?

Law School typically takes three (3) years to complete. But you must be wondering, why the fuss about the length of becoming a lawyer if it takes just three years to complete a law school.

How Long Does it Take to Become a Lawyer in the USA?

The educational requirements for becoming a lawyer in the United States is 7 years. This is broken down into an undergraduate degree of four (4) years, and a Law School degree of three (3) years.

How Long Does it Take to Become a Lawyer in the UK?

In the UK, lawyers are divided into solicitors and barristers and there are multiple paths to becoming any of these. There is the direct entry and the non-law graduate entry.