How long is the average design patent application?
There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket, you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections.
On the normal track, expect about two to three years to get a design patent granted assuming no rejections. For potential patent owners, the obvious question is whether you can afford to wait up to two years longer to obtain your design patent. Of course, there are no guarantees that you will get a US patent granted simply by applying.
Need to get US design patents quickly? Contact US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you obtain your design patents quickly and cost-effectively.
How long does it take to get your design patent application reviewed?
A normal US design patent application can take 16 to 36 months to receive the initial examination by an examiner. Without a Rocket Docket request, you need to be OK with waiting 1.5 to 3 years to get an initial review of your design patent application.
Keep in mind that you can request Rocket Docket anytime after the initial filing.
What is your average probability of success in getting US design patents?
According to the USPTO, the design patent allowance rate is approximately 83%. So roughly 7 out of 8 design patent applications will be approved. Design patents have a substantially higher probability of success compared to that of utility patents.
The issue with design applications is not so much the chance of success, but the timing. How long do you want to wait for the examination of your design application?
How to Speed Up US Design Patents
By filing a Rocket Docket request, you can expedite the examination of your design application by a year or more. Recognize, however, that this request requires a prior art search and an additional government fee. Prior art references uncovered in the search must be disclosed to the USPTO by filing an Information Disclosure Statement (IDS).
For the cost of a Rocket Docket request with the required prior art search, see our Costs page.
How long will it take if your design patent application is rejected?
A high rate of approval does not guarantee that your design patent application will be approved. Even if your design is unique, you may encounter obstacles along the way. For example, the examiner may require revisions such as amended drawings or additional statements regarding any broken lines. Drawing objections are typically straightforward and easier to resolve.
Though not as common, it is possible to receive a rejection stating that your design is too similar to a preexisting design. Some prior art rejections may be based on a prior sale or public disclosure made by the inventors themselves. If such prior sales or disclosures were made within one year prior to your application filing date, you may be able to file a response to confirm that such past activity falls within the one-year grace period.
If you receive an Office Action, you have 3 months to file a response. With the appropriate extension request, you can file a response by 6 months from the Office Action date at the very latest. Accordingly, an Office Action can delay the allowance of your patent application by 6 to 18 months assuming you overcome the rejections.
Need design patents?
Contact US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore working with us. Make sure you get the right patent protection for your product idea.
