Updated Statistics: Patent Application Pendency

PatentlyO068

The above chart shows average application pendency for issued utility patents grouped by issue year. The chart presents three separate series that differ according to the filing-date used in the pendency calculation. The lowest data-series uses a traditional calculation that calculates pendency based on the actual US non-provisional filing date of the application in question without regard to any priority claims. The middle data-series calculates pendency based on the earliest US Priority claim. The highest data-series includes claims to both US and Foreign priority filings.

This chart is useful both for applicants and for third-parties considering moving forward with product development. Importantly, when a patent application is originally filed abroad, it usually take more than six-years before the first US patent is issued.

4 thoughts on “Updated Statistics: Patent Application Pendency

  1. 4

    “Paul, it seems an international/foreign priority case has about 1 year 6 months more “pendency” than US filed cases. This is almost entirely attributable, it seems, in the delay in either filing Paris Convention or entering the US national stage”

    Could that notbe due to the fact that most US applications with foreign priority alsouse the PCT-route? That would give you an 18 month’s delay.

  2. 3

    Ned is correct. Not counting continuations, applications get docketed in order of their actual US filing date. They come up as “oldest new” (meaning send out an action within two biweeks or take a workflow penalty) in this order as well.

  3. 2

    Paul, it seems an international/foreign priority case has about 1 year 6 months more “pendency” than US filed cases. This is almost entirely attributable, it seems, in the delay in either filing Paris Convention or entering the US national stage.

    The middle chart has a gap of one year — which roughly corresponds to the one year pendency for a provisional.

    I don’t know if this chart gives us any other information except that all patent applications are treated equally from their actually US filing/national stage dates. This is what one should expect.

  4. 1

    If I read these chart profiles correctly, pendency is rising at the same rate for applications with U.S. priority claims as for those without.
    That seems to prove that the PTO does not even try to prosecute patent applications in their true (original) filing date order?

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