Patent Timeline: How to Obtain a Patent

We guide our clients with the Patent Timeline to make sure that they are on time.

Clients:
Tupperware
Yale University School of Medicine
Tiffany & Co.
CNOOC Limited
The Boston Consulting
        Group

Patent Timeline

This will give you an idea of the general sequence of events which comprises a patent application and should help you get an idea of what to expect and when. Remember that every patent application is unique and that this is only a rough guide. We recommend taking advantage of one of Cad Crowd's expert patent attorneys to help make sure you meet your application's specific guidelines. Get an estimate to connect with a patent professional

This timeline shows the progression of an application that begins with a Provisional Application followed by a Utility Patent Application. Most people do not need to file a provisional application, though. See this page for more information. Without a Provisional Application, your Filing Date will be the same as your Priority Date.

The dates listed below represent the latest possible filing dates. Also, be aware that you do not have to wait a year between filing a Provisional Application and a Utility Application.

 

 Time Period
Date
(abbrev)
Action
 
First Sale, Public Use or Publication ("bar date")
 BD
 
BD+1 year
(see note 1)
Priority Date
PD
File Provisional Application 
PD+1 year
Utility Filing Date
UFD
File Utility Patent Application
PD+1 year
PCT Filing Date
PCTF
File PCT application (Chapter I) or national applications in any foreign countries in which you wish to file directly.
(WIPO has an on-line calculator for PCT dates)
UFD+90 to 120 days
UFD+90 to 120 days
 
 
Receive filing receipt from PTO. (See our page "How to read a filing receipt" for more information. 
File Information Disclosure Statement (IDS)
PCTF
+5 months
International Search
ISRD
PCT office sends International Search Report. 
PD+18 months Publication Date PubD  Both US & PCT applications are published (see note 4)
PD+22 months
(or ISRD+3 months)
Chapter II Date    Pay Chapter II fee and file Demand form in PCT application, to get an International Examination (see note 2)
UFD+9 to 18 months (on average) First Office Action OA  No set date - Examiner will examine US patent application and will usually reject it. 
See our page "How to read an office action" for more information. 
 
OA+3 months Reply to Office Action   Can be extended to up to 6 months, but extensions will offset against any term extension due to PTO delays. 
PD+20 months PCT National Filing under Old Rules
 (see note 2)
  Must file national application in those countries which have not yet changed their national rules, if no Chapter II demand was filed. 
PD+30 months PCT National Filing   Must file national applications in foreign countries (31 months in European Patent Office and some other countries). (see note 2)
UFD+2½ years (on average) US Patent Application is Allowed AD  
AD+90 days Pay issue fee and publication fee, if any IFD  
IFD+90 days (on average) US Patent Issues ID Patent may now be enforced against infringers. Damages may be available for infringement between PubD and ID under some circumstances. 
ID+3.5 years First Maintenance fee due   May be paid with surcharge until ID+4 years (see note 5)
ID+7.5 years Second Maintenance fee   May be paid with surcharge until ID+8 years
ID+11.5 years Third Maintenance fee   May be paid with surcharge until ID+12 years
UFD+20 years
(see note 3)
US Patent Expires   Invention enters public domain

Notes:

Foreign Filings: Most countries will not allow you to get a patent if the Bar Date was before the Priority Date. For foreign patent applications, you should file a Provisional Application before your first public publication or sale.

Continuations, Divisionals and Continuations in Part: The expiration of a patent is based on the US filing date of the first non-provisional patent application in the sequence. So, if the fees are all paid on time, the patent term starts when issued and continues until 20 years from the earliest non-provisional filing date. For any foreign applications, it is the actual U.S filing date that determines the patent's term, not the priority date.

 

Are you ready to start your patent application? Get a quote from our network of professional U.S patent attorneys. We offer a comprehensive range of intellectual property services, from design patents to utility patents,USPTO patent search services, and trademarks.