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Clark & Bellamy Attorneys at Law

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Basic Patent Process

from A to Z – search, filing, prosecution, patent issuance

Start with a preliminary patent search in most cases.

PATENT TIMELINE (Utility Patent)

Step Time from Start
Patent Search and Opinion  0-4 weeks
Patent Application  0-6 months
Information Disclosure Statement  0-6 months
Patent Examiner Conducts Search  6-24 months
Patent Examiner Compares Relevant Prior Art  6-27 months
Examiner Renders a First Office Action or Allowance  6-27 months
Issuance, Abandonment or Further Prosecution  9-30 months
Response to Office Action, Amendment, Argument  9-30 months
Subsequent Office Actions and Arguments  12-36 months
Subsequent Issuance, Final Rejection, or Appeal  15-39 months

These timeframes are all estimates. Every case is different. The process can be expedited under new USPTO rules with the payment of additional fees and by following certain formal procedures. This timeline does not apply for design patents.

Patent pending status is claimed after filing a patent application, which is usually 0-6 months after beginning the patent process.

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