Posted by Shimokaji IP | Jan 21, 2020 | 0 Comments

A distinction needs to be made between quickly obtaining an issued patent versus quickly filing a patent application. The kind of protection offered by an issued patent is different from a pending patent application.

It is faster to just file a patent application versus obtaining an issued patent.

Filing a patent application can be for a utility patent or a design patent. For a utility patent, one can file a provisional application or a non-provisional application. Typically, filing a provisional application can be accomplished faster than filing a non-provisional application.

In many cases, a provisional patent application can be prepared and filed in just a few days. It may take a few weeks to prepare and file a non-provisional patent application.

However, a provisional or non-provisional patent application does not give the applicant the right to sue for patent infringement. It does establish a date of invention that may be prior to others having a patent application that describes an invention identical or similar to your application.

It may take three or more years for a patent application to be processed by the patent office before a patent issues. This time frame may be reduced to about one year by seeking accelerated examination of the application.

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