Eye Sweat Diverter Patent Took 15 Years to Get

How Long Does It Take to Get a Patent?

Inventions, Patents, USPTO / By / April 23, 2021

In the case of this patent for an eyebrow sweat diverter, nearly 15 years!

I get asked the question a lot. It varies based on the technology classification and other factors. Simple design patents can issue within approximately 18 months. Complex software patents can take several years. The USPTO has a patent dashboard that gives current pendency data and other interesting statistics.

Patent Dashboard Pendency March 2021
Patents Data Visualization Center March 2021

As of March 2021, there were over 619,000 unexamined patent applications. It takes on average over 16 months from the time you file your patent application until it is examined and you are issued an office action. The office action usually contains page after page of rejections. You must respond to those rejections and then may receive another round of rejections to which you must respond. And so forth. This back and forth can take some time.

The USPTO reports that, on average, it takes nearly two years from the time you file to the time your patent application until it is granted. However, my experience is often different. In the complex areas I work in with many startups – software, telecommunications, AI, blockchain, internet – I have found that typical pendency times are significantly longer. There are ways to speed up the examination of your patent application, but there are often costs associated with doing so that must be carefully considered.

Filling a patent application is the start of a long complex legal process with no guarantee that your application will ever mature into an issued patent. As a startup or entrepreneur with limited funds it is imperative you do things right from the start. Contact us to get started. We’ll answer all of your questions and set you down the path to success.