The Patent Process
A patent search helps determine if your invention is unique by identifying prior patents or publications that may be similar. This step avoids wasting resources on filing for an invention that is already patented and helps assess the patentability of your idea.
The time varies depending on whether you choose the expedited or standard process. Expedited patents can take nine months to a year, while the standard process typically takes about 3.5 years if you delay costs by starting with a provisional application.
It’s ideal to apply for patent protection early, preferably when you have a working prototype or a minimal viable product. This ensures you protect your invention as you continue to refine and develop it, preventing competitors from capitalizing on your innovation.
After a patent search, if no similar inventions are found, you can proceed with filing a provisional or non-provisional application. The search helps determine if your invention is unique enough to pursue patent protection, after which you can begin product development and marketing under “patent pending” status.
After filing a non-provisional application, it typically takes around two years to receive a patent office action, which indicates whether the application is accepted or requires amendments. Expedited applications receive their first office action in about a year.
- Novelty searches take approximately 2 weeks.
- Trademark applications can be completed within a few days.
- Patent applications usually take 4 to 6 weeks.
The timeline depends on the complexity of your case, and I’ll provide an estimate upfront, keeping you informed as we move forward.