Another look at USPTO Allowance Rate

by Dennis Crouch

Here is a different look at the USPTO grant rate that looks at two numbers for each quarterly period: how many patents issued, and how many applications were abandoned.  These can be added together as a total number of applications disposed-of during the period.  The percentage reported in the chart below is the percent of patents out of that total disposal.

These numbers roughly conform to the work that examiners do on a quarterly basis, but I did not count allowances/rejections, but instead looked only at whether a patent actually issued or actually abandoned (typically by failing to respond to an office action).   You’ll note an upward trend since 2010 with allowance rate roughly matching the highs seen 20 years ago.

One caveat on this data. I only used published applications because those records are open.  Unpublished applications tend to have a somewhat lower allowance rate.


7 thoughts on “Another look at USPTO Allowance Rate

  1. 3

    This graph has two typos in it. I was going to send to a client to reassure him that a non-final rejection is not the end of the line, but now I cannot.

  2. 2

    USPTO Director matters–Jon Dudas, USPTO Director 2004-2009, followed by David Kappos, righting the ship as USPTO Director from Aug. 2009-Feb. 2013.

    1. 2.1

      + 1.

      At least here, that “glorious” (USPTO referenced inexplicable drop in allowance — known as Reject Reject Reject) is shown in some degree.

      Those that could afford to hold on and fight the dogmatic “NO’s” (during your noted Kappos reign) probably lift that low point up a bit, but the history of that point should not be glossed over.

      1. 1.1.1

        I don’t think that Ben catches the irony, as he is not typically one for self-deprecating humor.

      2. 1.1.2

        Ha! My first thought was that this Fig is a great representation of Big Tech feeding Congress troll-swill (which; as we know, has worked).

        While Congress feeds . . . American innovation chokes.

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