For many inventors, getting a patent quickly is a top priority. However, to achieve this, careful planning is essential. While it’s possible to get a patent in as little as eight months, this is only under ideal circumstances. Let’s explore the steps to fast-track your patent application and key strategies you can use to speed up the patent process.
1. Original Applications: The Fastest Realistic Timeline
When filing an original patent application, the fastest timeline you can typically expect is around eight months. This assumes you file a request for expedited examination (commonly referred to as Track One), respond to the Patent Office promptly, and avoid significant rejections.
Track One applications have a 10% higher allowance rate compared to non-expedited applications, making them more likely to get granted without rejections. This is a great benefit of expedited examination. However, if the examiner identifies issues with the claims, such as those related to novelty or obviousness, this will delay the process.
2. Filing a Fast Track Request with the Original Application
To get your patent on the fast track, you must file a Track One request for expedited examination at the same time you submit your original non-provisional application. The Track One request ensures that the Patent Office prioritizes your application, typically resulting in a faster response and earlier allowance compared to standard examination.
This process is not free, and there is an additional USPTO fee for expedited examination, which ranges from $1,000 to $4,000 depending on whether you qualify for micro entity or large entity status. Filing the Track One request up front with the filing of the nonprovisional application is crucial if your goal is to secure a patent as quickly as possible, as not doing so will result the application not being expedited.
While filing the Track One request increases your chances of a quick patent approval, you must be prepared to respond quickly to any communications or office actions from the examiner. Any delays in responding to these office actions can remove your application from fast track, slowing down the entire process.
3. You Can’t File a Provisional Application To Get Your Patent Fast
Some inventors mistakenly believe that filing a provisional patent application (PPA) will help them get a patent faster. This is not the case. A provisional application is never examined and never becomes a patent. It only serves as a placeholder, giving you 12 months to file a non-provisional application. If you’re looking to get a patent as quickly as possible, you must file a non-provisional application, which is the only type that will be examined and can result in a granted patent.
If you don’t want to expedite your application, you may want to read my article on should you file a provisional or nonprovisional patent application?
4. Other Ways to Request Fast-Tracking
In addition to Track One requests, there are other methods to speed up the patent process:
- Petition to Make Special: This is another option to fast-track examination. You can file a petition based on certain conditions, such as:
- Age: If the inventor is over 65 years old, they can request expedited examination through this petition.
- Health or Public Interest: Inventors with serious health issues or those working on technologies related to public safety (like green tech or counterterrorism) can also qualify.
- First-Time Micro Entity Filers: For small inventors or businesses with limited resources, micro entity status can significantly reduce fees. While this won’t directly impact the speed of examination, it can make options like Track One more affordable and allow first-time filers to take advantage of fast-tracking options.
5. Crafting Narrow Claims for Faster Patenting
One strategy for getting a patent faster and increasing the chances of receiving a first office action notice of allowance is to craft the claims on the narrower side. By focusing on specific aspects of your invention, there’s a greater likelihood that the examiner will find your claims novel and non-obvious compared to the prior art, which can result in a faster allowance.
Narrower claims reduce the risk of rejections based on issues like novelty or obviousness, as they leave less room for overlap with existing patents. While this approach can speed up the process, it’s important to remember that narrow claims offer more limited protection. However, you can always broaden your claims later by filing a continuation application, allowing you to build a patent portfolio that strengthens your protection over time.
6. The Value of a Novelty Search
A novelty search may delay the filing of your patent application by about two weeks, but it’s an essential early step in the patent process and well worth the time. This search helps identify what aspects of your invention are patentable and what are not. By revealing prior art (existing patents or publications), the novelty search allows you to craft your claims to focus on the white space—the areas that are still patentable—rather than wasting time and resources trying to patent aspects that are already covered by prior art.
In the long run, conducting a thorough novelty search can save you time and money. Without it, you risk filing claims that will be rejected by the Patent Office, leading to delays during examination. By knowing up front what’s patentable, you can avoid unnecessary rejections and increase your chances of getting a first office action notice of allowance, which is when the Patent Office approves your application without major rejections.
7. Drafting the Patent Application: Care and Precision Matter
Once the novelty search is complete, the next crucial step is drafting the non-provisional patent application. This document describes your invention in detail and outlines the claims that define the scope of your legal protection. The drafting process typically takes four to six weeks, depending on the complexity of your invention, and it’s important not to rush this stage.
A carefully drafted application forms the foundation for your patent portfolio, especially if your product launch is successful and you need strong protection for the future. By taking the time to craft clear, well-supported claims, you increase your chances of avoiding rejections and pave the way for a smoother, faster approval process.
8. Notice of Allowance and Issue Fee: The Final Steps
If your application goes through examination without any major issues, the Patent Office will issue a Notice of Allowance. At this point, you must pay the issue fee, and your patent will typically be granted within one to two months. Once granted, you will receive the official patent certificate, marking the end of the process.
Conclusion: Patience and Strategy Pay Off
While it’s possible to get a patent quickly, doing so requires a careful balance of strategy and patience. Filing a fast-track request, crafting focused claims, and conducting a thorough novelty search are all essential steps to streamline the process. Rushing through these steps can lead to costly delays, but with the right approach, you can secure strong patent protection in the shortest time possible.
If you’re looking to get your patent as fast as possible while ensuring strong protection, consult with an experienced patent attorney. Call (949) 433-0900 to schedule a consultation, and let’s discuss the best approach for your invention.
This article is part of a series called Essential Patent Strategies. Here is a list of all of the articles:
- Start Here: Essential Patent Strategies
- What is a patent search and How to do it?
- How to conduct a DIY patent search
- How much does a patent search cost? (Patent Search Service)
- How to protect Inventions Involving Third Parties? (Nondisclosure Agreements and other basic agreements)
- Delaying patent costs to have more money for marketing with a provisional application
- How much does a patent cost?
- How to Get a Patent as Fast as Possible
- What is the average patent cost?
- How much does a quality patent cost?
- Patent Cost Framework and cash flow
- How much does a design patent cost?
- Is a design patent right for you? (Should you get a design patent or a utility patent for your invention?)
- How to Create a Strong Patent?
- How to build a patent portfolio?