“There is so much for patent lawyers and the USPTO to evaluate within each patent application during the process of patent prosecution” - Denver Patent Lawyer Jeff Schell of Schell IP

Why does it take so long to get a #patent?

The typical patent prosecution process takes from about a year to several years or more. Learn why the process is so long and complicated from patent attorney Jeff Schell:

Video transcript:


why does it take so long to get a patent

I'm not only a patent lawyer, I'm an

entrepreneur that has built and sold

several companies for millions of

dollars on the protection that I've

built in my inventions I love helping

people build idea assets you want to

learn more about how to protect your

ideas follow me or get in touch the

process of getting a patent is long and

complicated but for many it can be worth

it in the end the first step is to

conduct a thorough patent search in part

to make sure that the invention that the

inventor wants to protect isn't already

patented once the search is complete and

the inventor is confident that they want

to move forward with the patent process

then they file a patent application that

gives them patent-pending status the

patent application has to include

detailed descriptions and patent

drawings as well as other relevant

information about the invention but even

after the patent application is filed it

can take years for the patent office to

examine the application before the

patent is granted an inventor can pay an

additional fee for expedited

but that can still take up to a year for

the patent office to get back to the

inventor with the final decision on the

patent application during this time the

patent office will review the patent

application to ensure that the

application meets all the requirements

for patentability key requirements are

that the invention is new not an obvious

Improvement on something that already

exists and useful if the patent office

decides that the invention claimed

within the patent application meets

these and other requirements for

patentability then the inventor can

start using the patent that is issued as

a result or prevent others from making

using or selling the invention there are

so many things that the patent office

and patent attorneys need to evaluate to

determine whether or not an invention is

patentable this is why the typical

process of getting from a file patent

application to an issued patent

typically takes at a minimum about a

year to in many cases several years or

longer usually when a patent prosecution

process takes several years or more

there is something that was missed

during a prior art search or some

special consideration that could have

been addressed earlier which is why it's

so critical for inventors to work with

an experienced patent attorney early in

the process to make sure that they're

getting the best scope of coverage for

their invention I'm an experienced

patent lawyer and one of the more

successful investors and entrepreneurs

in Colorado if you have any questions

related to your own ideas about patents

or starting a business follow me and

feel free to get in touch