First Office Action Pendency

Patently-O did the work, and I’m happy to reprint it.  It’s no secret that getting a patent is a lengthy process:  Current Patent Office estimates show that it has been taking, on average, between 1.95 and 3.98 years for the first office action in a utility patent.  Design and plant patents are at 1.13 and 1.40 years.

One of my recent client filings just received a First Action Prediction of 29 months and is in a subdivision of Tech Center 3670, which Patently-O says is averaging just under 2 years.

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  1. I should clarify that these numbers are historical, in other words, a first office action issued today originates from an application that was filed, on average, 1.95 to 3.98 years ago. The Patent Office has been reducing this time: a year ago, the time for some departments was 8 months longer than it is now. That means that today, if you file an application, it may take less than 1.95 to 3.98 years to get a first office action.

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