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ARTICLE · 26 AUGUST 2025

Patent Application Prosecution Timeline: What Startup Leaders Need To Know

Baker Botts L.L.P.
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For startup founders and CTOs navigating the patent landscape, understanding the prosecution timeline is essential for strategic planning and resource allocation.

United StatesIntellectual Property
Christopher J. Palermo
Christopher J. Palermo

For startup founders and CTOs navigating the patent landscape, understanding the prosecution timeline is essential for strategic planning and resource allocation. After filing your patent application with the USPTO, the examination process follows a predictable sequence of events, though the duration can vary significantly depending on your chosen track.

Standard Examination Timeline

Under standard examination, the typical timeline spans 18 to 36 months from filing to the grant of a patent, though complex applications in certain technology areas may take longer. The average time from the filing date to the first examination action across all USPTO cases is currently 22 months, with current timing available through the USPTO's online patent dashboard at https://www.uspto.gov/dashboard/patents. Receiving the first action in an original application could occur two years or more after filing. Continuation applications can be examined in a year or less after their

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