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ARTICLE · 22 JULY 2014

How Long Is Too Long (Or Too Short) For Patent Application Pendency?

The USPTO is requesting input on the "optimal" targets for its patent application pendency metrics. The USPTO’s current targets are 10 months to a first Office Action and 20 months to grant or abandonment.

United StatesIntellectual Property

The USPTO is requesting input on the "optimal" targets for its patent application pendency metrics. The USPTO's current targets are 10 months to a first Office Action and 20 months to grant or abandonment. The USPTO wants to know if you think these targets too long, too short, or just right, and will consider written comments received by September 8, 2014.

Current Patent Application Pendency Targets

As explained in the July 9, 2014 Federal Register Notice, the current patent application pendency targets were established in the USPTO's 2010-2015 Strategic Plan, after consulting with stakeholders. The current target for first Office Action pendency is 10 months, and the USPTO has reduced first Office Action pendency from 25.7 months in 2010 to 18.1 months. The current target for total application pendency is 20 months, and the USPTO has reduced total application pendency from 35.3 months in 2010 to 28.1 months.

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