Eye Sweat Diverter Patent Took 15 Years to Get

How Long Does It Take to Get a Patent?

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.

Boeing Loses Important Communications Patent Over a Misplaced Comma

The European Patent Office has nullified a patent from massive aerospace company Boeing because of the inconsistent placement of a comma in a claim. Airbus, a competitor to Boeing, opposed the patent for a multi-network aircraft communication system. Boeing fought for nearly nine years to keep the patent in-force. This was clearly an important patent for Boeing.

One thing I try to get across to entrepreneurs with big aspirations is that writing patents is extraordinarily complex and, quoting directly from the Supreme Court, “constitute one of the most difficult legal instruments to draw with accuracy.” Even where you put a comma in a single claim in a document with thousands of words and dozens of pages can make the difference between a valuable patent and a worthless one.

Good patent prosecutors are expensive for a reason. Cutting corners to save money and taking the attitude that any attorney can do the job as well as the next can be catastrophic, as we see here. Getting a patent is one thing. Getting a good, enforceable patent that your company can rely on is a totally different ballgame.

At Patent Authority we don’t misplace commas. Contact us to make sure your patents are done right.

https://www.juve-patent.com/news-and-stories/cases/fatal-comma-error-epo-nullifies-boeing-communication-patent/

USPTO Patents Humanity

USPTO announces special Patents for Humanity COVID-19 category

The United States Patent and Trademark Office (USPTO) today announced that it will be launching a special category of its Patents for Humanity Program for inventions that address the COVID-19 pandemic. This new award category will provide business incentives for patent applicants, holders, and licensees whose inventions track, prevent, diagnose, or treat COVID-19.

https://www.uspto.gov/ip-policy/patent-policy/patents-humanity

Inventor Spotlight – Garrett Brown

“Captivated by innovation and storytelling as a child, Garrett Brown was many things—folk singer, car dealer, copywriter, radio personality—before he invented the Steadicam and Skycam, whose stable, gliding shots have captivated movie and television audiences ever since. At 78, with more than 50 patents, 70 films, an Oscar, and an Emmy to his name—among other impressive awards and honors—he is still inventing, this time on what could be a revolutionary new alternative to walkers and wheelchairs.”

https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/look-out-0

Scroll to Top