Current backlogs at art units of the U.S. Patent and Trademark Office (USPTO) are between 18 months and four years, with the overall average time between filing date and first office action at 27 months. Depending on the varying backlogs in different technology areas, it may take several more years after the first office action until a patent is granted. This article describes little-known ways to jump ahead of the queue to obtain expedited examination.
Ordinarily patent applications are assigned to an art unit with examiners specializing in the technology to which the invention relates. Applications are taken up in order of receipt but backlogs vary among the different art units. Since patents generally expire 20 years from their filing date, and since companies and investors are often highly motivated to know whether an invention will survive the examination process and be protected by a patent, many patent applicants would benefit from an expedited examination. In fact, there are several little known and underused ways to jump ahead of the backlog of patent applications awaiting examination in the USPTO.
