When an individual finds themselves languishing in the “patent pending” phase of the application process, they often ask, “why is this taking so long?” and “should I be concerned with the status of my application?” These are perfectly reasonable and important questions. The short answer is that you should not worry very much if you find yourself in the “patent pending” phase for several months or even years. Why? Because it is important to understand that the United States Patent and Trademark Office (USPTO) is an extremely busy government agency tasked with analyzing thousands of patent and trademark applications each year. This means delays are fairly standard.
In most instances, a patent will remain pending until one of two events occurs: (1) the patent is issued, or (2) the patent application goes into abandonment.
What To Do During the Pendency
It is important to understand that you do not have to sit on your hands during the pendency of your patent application. In fact, you should use the time your patent is pending to monetize your invention by either obtaining licenses or making and selling the invention. The timeframe can widely vary on when a determination is ultimately rendered. Nevertheless, you can typically expect the first response to take anywhere from 12 to 24 months.
It is extremely important to take full advantage of the patent pending time to get your invention out into the marketplace. Why? Because any sales you obtain during this period can be used to attract additional investors for your business, keep your competition in check while you scale up, and/or prove to the USPTO that your invention warrants a patent.
For example, if you sell thousands of units, it is apparent the marketplace believes you have an innovative product. The signal from the marketplace has the power to impact the USPTO’s decision. In fact, there have been instances where a patent examiner was overruled on appeal for failing to take sales into consideration when reviewing a patent application.
When a response, known as an office action, is rendered by the USPTO, you have three months to respond. They also accept the inventor’s input on the Examiner’s objections/rejections of the patent application claims during this time.
Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today
If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent attorney, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation, please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.