In FY 2012 the average time from filing to first Office Action in a trademark application was 3.2 months, and the average total pendency until registration was 10.2 months. That means an applicant will have some idea of whether registration is likely in 100 days after filing the application.
I will start with some statistics I think are important to consider when devising a patent strategy.
- The USPTO report states that of the patent applications examined in 2012, 29.4% required an RCE. Thus, nearly 30% of patent applicants should be prepared to experience a 64.8 month average pendency .
- The overall patent allowance rate was 53.2% .
- About 29% of track one and First Action Interview filings received an allowance on first action, compared to an 11.5% rate in standard filings.
- PPH filings receive a 90% allowance rate.
The average time between filing and first office action on a patent application was 21.9 months in 2012. By technology area, the average time varies:
- applications relating to biotechnology and organic chemistry
(USPTO Technology Center 1600) average of 17.8 months to first action
- applications relating to chemical and materials engineering
(USPTO Technology Center 1700) average of 21.2 months to first action
- applications relating to computer architecture, software & information security
(USPTO Technology Center 2100) average of 23.5 months to first action
- applications relating to communications technologies
(USPTO Technology Center 2600) average of 24.3 months to first action
- applications relating to mechanical engineering products
(USPTO Technology Center 3700) average of 24.6 months to first action
The average total pendency (time to patent grant) was 32.4 months in 2012. By technology area:
- applications relating to biotechnology and organic chemistry average total pendency of 30 months
- applications relating to chemical and materials engineering average total pendency of 32.8 months
- applications relating to computer architecture, software & information security average total pendency of 37.5 months
- applications relating to communications technologies average total pendency of 37.2 months; and
- applications relating to mechanical engineering products average total pendency of 35.7 months.
- applications involving networks, multiplexing cable and security pendency averages 41.1 months.