How Long Does It Take to Get a Patent?

Quick Answer

2–3 years is the average time from filing a utility patent application to receiving a granted patent from the United States Patent and Trademark Office (USPTO). As of recent data, the average total pendency is approximately 23–24 months. Design patents are faster at 12–22 months. However, complex technology areas like software, biotech, and semiconductors can take 3–5 years or longer.

Patent Types and Timelines

Patent Type	Average Time to Grant	Duration of Protection	Filing Cost (USPTO fees only)
Provisional patent	N/A (placeholder, not examined)	12 months to file non-provisional	$160–$320
Utility patent	23–24 months (2–3 years typical)	20 years from filing date	$1,600–$3,200+
Design patent	12–22 months	15 years from grant date	$500–$1,200
Plant patent	18–30 months	20 years from filing date	$1,000–$2,000

The Patent Process Timeline

Stage	Timeframe	What Happens
Provisional filing (optional)	Day 1	File a provisional application to establish a priority date; "Patent Pending" status begins
Non-provisional filing	Within 12 months of provisional	Full application with claims, drawings, and specification submitted to USPTO
Publication	18 months after filing	Application is published publicly (can request earlier or non-publication in some cases)
First Office Action	12–18 months after filing	USPTO examiner reviews and typically issues rejections or objections
Response & prosecution	3–12 months per round	Applicant responds to objections; may require 1–3+ rounds of back-and-forth
Notice of Allowance	After final examiner approval	USPTO accepts the claims; applicant pays issue fee
Patent granted	4–8 weeks after issue fee paid	Patent number assigned; enforceable rights begin

Patent Pending Period

Once you file either a provisional or non-provisional application, you can mark your invention as "Patent Pending." This status:

• Provides no enforceable rights but serves as a deterrent to potential infringers.
• Lasts from filing until the patent is either granted or abandoned.
• Allows you to claim damages retroactively from the publication date if the patent is ultimately granted (under certain conditions).

How to Speed Up the Process

• Track One prioritized examination: Pay an additional $1,000–$4,000 (based on entity size) to receive a final disposition within 6–12 months. Highly effective – average pendency drops to about 6 months.
• Patent Prosecution Highway (PPH): If you have a favorable ruling from a foreign patent office, you can request accelerated examination at the USPTO.
• Petition to Make Special: Available for applicants over age 65, those in poor health, or inventions related to environmental quality, energy, or countering terrorism.
• Quality filing: Clear, thorough applications with well-drafted claims receive fewer Office Action rejections, reducing rounds of prosecution.

Costs at Each Stage

Stage	Small Entity Cost	Notes
Provisional filing	$160	Government fee only; attorney drafting adds $2,000–$5,000
Non-provisional filing	$800–$1,600	Includes filing, search, and examination fees
Attorney drafting & prosecution	$8,000–$15,000+	Varies by complexity; software patents tend to cost more
Office Action responses	$2,000–$5,000 each	1–3+ rounds typical
Issue fee	$500–$1,000	Paid after Notice of Allowance
Maintenance fees	$800–$7,400	Due at 3.5, 7.5, and 11.5 years after grant
Total estimated cost	$10,000–$30,000+	Depends on complexity, number of Office Actions, and attorney fees

Factors That Affect Timeline

• Technology area: Biotech and software patents face heavier examiner backlogs (3–5 years).
• Quality of application: Poorly drafted claims lead to more rejections and prosecution rounds.
• Examiner workload: Some USPTO art units have longer backlogs than others.
• Continuations and appeals: Filing continuation applications or appealing rejections to the Patent Trial and Appeal Board can add 1–3+ years.
• International filings: PCT (Patent Cooperation Treaty) applications add 18–30 months to the international phase before entering national stages.