I get calls from inventors all the time who want to know how quickly they can file a patent application.
This question usually arises because the inventors are in a hurry to start selling their invention, to publish their invention, or to talk with investors. The short answer to this question is: you can file patent application as soon as it’s ready. The filing process itself is electronic and nearly instantaneous. However, for the purposes of this post, it will be assumed that you will have a patent attorney help you draft your patent application. And that takes time.
There is no set limit for how long it takes to prepare a patent application.
However, most patent applications take about 30 to 40 hours to draft. This estimate includes the initial inventor interview when the patent attorney interviews the inventor to learn as much as possible about the invention. This estimate also includes the process of drafting the patent application and revising the patent application based on inventor feedback. This estimate does not include a patentability search or a freedom to operate search. Those are usually separate, optional services.
Typically, the process from start to finish takes about 3-5 weeks, depending on how quickly the inventor responds to questions and edits from the patent attorney. I have actually filed a patent application in as little as 48 hours because the inventor had submitted an academic paper to a publisher and the publication couldn’t be stopped. However, most patent attorneys would charge a rush fee for drafting a patent application so quickly. Also, of course, the faster you draft a patent application, the more likely you are to make mistakes that could prevent your patent application from adequately protecting your invention.
On the other hand, I have heard horror stories from inventors who submitted invention disclosure documents to other law firms and were forced to wait anywhere from 4 months to 2 years before their patent attorney even got even started drafting their patent application.
Whenever you draft a patent application, you should be trying to win the race to the Patent Office. If your patent attorney can’t make time to draft and file your patent application in less than 2 months, you should make time to find a new patent attorney.
Looking to file your patent application quickly?
Call Childs Law at 832-621-0353 and let’s talk about getting you filed fast.