16 thoughts on “Patent Pendency

  1. Kappos started out strong as maverick but now he is all talk and no action (a.k.a. Dudas). Instead of cutting costs he added another layer of management. On May 20, 2010 he announced another layer of directors bring the total directors to 29. Examiners once welcomed him with changes he made for compact prosecution and production. But, now most simply dismiss him which can be seen from reduced responses to his blogs and other initiatives. Don’t expect any changes in the pendency. 14 by never with Kappos.

  2. I’ve got a number (not in 2600) filed in 2005 for which private PAIR tells me the first action date is still 20+ months away.

  3. I was told maybe in 4 months I would get a first action…not holding my breath…

  4. 2600 is a different universe from the others. I bet the graph changes significantly if they’re removed.

  5. I’m looking at a January, 2007 application that is still waiting for a first action (2600).

    Based on the data I’ve looked at, most of the applications that are getting first office actions now were filed between June 2007 and June 2008.

  6. The closer you get to the current day, the more stuff hasn’t been completed.

    I gotta file this in my “No Duh” file right away.

  7. For the documents not yet published, I think this curve could be even flatter becuase these are very often related to technological fields that have a longer pendency time.

    I think that there is strong heterogeneity by applicant: “the best patent is the one just granted” (this does not come by myself).

  8. This graph makes sense, we are routinely told that it can take between 2-4 years to get a patent through and this would seem to suggest that would be true. Of course since there are always outliers, 10% being 6 years old doesn’t surprise me. Especially if it took them 2 years even to hear back the initial response.

  9. Reminds me of that urban myth, the EPO curve, showing the number of apps currently pending to outnumber all patents the Office has ever issued.

  10. Here are a few notes: This graph is based on data that I collected from about 10,000 published applications. The “filing date” does not take into account any priority filings.

  11. What percentage have yet to receive a first action? Or is this data only for applications already in prosecution. I’m looking at a January, 2007 application that is still waiting for a first action (2600).

  12. I would like to see an “evolution” take on this type of data.

    How does the pattern change year over year? Is the current shape of the data a typical picture, or has the “still pending” batch been growing (and if growing, is that growth significantly different)?

  13. Very interesting. Is this based only on published applications or overall documents?

  14. Does the “filing date” take into account the filing date of the underlying provisional application, if any?

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