The average processing time for a nonprovisional patent application is 19.7 months per USPTO Patent Pendency Data. This means you have to wait just under two years before you receive a decision on your patent. For many, securing a patent sooner rather than later is more advantageous.
You have the option to pay a fee to expedite the patent process. By choosing to expedite, your nonprovisional patent application can be examined within 4-6 months after filing, saving you over a year of wait time.
When should you decide to expedite?
If you want to expedite the patent process, you have to make this choice on the day that you file your nonprovisional application. You have to submit the fee and the Track 1 (i.e., expedite request) when you file your patent application. You can’t pay the fee and file the form the day after filing.
Once your initial application is filed, you can still expedite the patent process but it is more expensive. You need to file a continuation application and claim priority to the initial application. The expedite fee and the expedite forms has to be filed with the continuation application.
By doing this, the continuation application is expedited but the initial application is not. You now have two pending patent applications, making the process more costly and complex, so it’s important to make your decision early.
Recommendation
In my view, unless there’s a compelling reason to expedite, it’s best to hold off to save on the expedite fee. Without a good reason, it’s often better to allocate your money to securing patent pendency with good coverage and redirecting your money to marketing and manufacturing.
One caveat is that you should file a full up provisional or nonprovisional application. If you file a cheap provisional application, then it’s possible for others to get patent protection for those things you haven’t disclosed or secured patent pendency for.
When to Consider Expediting:
- Investor Requirements: If potential investors insist on having a granted patent before they will commit investing in your, expediting your application may be necessary to secure the funding you need. In this case, having the patent in hand can be a critical milestone.
- Competitive Pressure: If competitors have a history of copying your ideas and you want to protect your intellectual property, expediting could be beneficial. A granted patent will allow you to take legal action against competitors, potentially stopping them from infringing on your invention.
- Risk of Investment: If you personally aren’t willing to invest further in marketing or manufacturing until you have a patent, expediting might make sense.
- Fear of Idea Theft: This is generally less of a concern because your patent application even without the expedite request already establishes a priority date. Even if someone copies your idea, your earlier filing date provides you with priority. If there is a patent to be had on the invention, you are the first in line to get one with the earlier priority date. However, you need to be sure that you are sufficiently protected. If you decide to file a cheap patent application, they normally don’t give you enough patent pendency protection. There are a lot of holes in the patent application that others can exploit.
The decision to expedite your patent application should be based on your specific business needs and circumstances. Consider your budget, potential investor requirements, competitive landscape, and overall strategy. If you decide not to expedite, ensure that your provisional or nonprovisional application is comprehensive and robust to protect your intellectual property effectively.
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Answers to Your Basic Patent and Trademark Questions
This article is one article in my series titled Answers to Your Basic Patent and Trademark Questions which explains answers to the basic questions when you are seeking patent and trademark protection for your product. The articles relate to different basic issues you will encounter as you go through the patent and trademark process.
Patents
- Should I Patent My Idea?
- How to Create a Strong Patent?
- Should You File a Provisional or Nonprovisional Patent Application?
- Should you expedite your nonprovisional patent application?
- Strategies for Cost-Effective Foreign Patent Protection
- When Should You File a Patent Application?
Trademarks