16 thoughts on “Patent Pendency

  1. 16

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  2. 14

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  3. 13

    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.

  4. 12

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

  5. 11

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

  6. 10

    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.

  7. 9

    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.

  8. 8

    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).

  9. 7

    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.

  10. 6

    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.

  11. 5

    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.

  12. 4

    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).

  13. 3

    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)?

  14. 2

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

  15. 1

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

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