Patent Timeline: How to Obtain a Patent

Patent Timeline

This will give you an idea of the general sequence of events which comprises a patent application and should help you get an idea of what to expect and when. Remember that every patent application is unique and that this is only a rough guide. We recommend taking advantage of one of Cad Crowd's expert patent attorneys to help make sure you meet your application's specific guidelines.Get an estimateto connect with a patent professional

This timeline shows the progression of an application that begins with a Provisional Application followed by a Utility Patent Application. Most people do not need to file a provisional application, though.See this page for more information.Without a Provisional Application, your Filing Date will be the same as your Priority Date.

The dates listed below representthe latest possible filing dates. Also, be aware that you do not have to wait a year between filing a Provisional Application and a Utility Application.

Time Period	Date	(abbrev)	Action
	First Sale, Public Use or Publication ("bar date")	BD
BD+1 year (see note 1)	Priority Date	PD	File Provisional Application
PD+1 year	Utility Filing Date	UFD	File Utility Patent Application
PD+1 year	PCT Filing Date	PCTF	文件PCT应用程序(我章)或国家应用cations in any foreign countries in which you wish to file directly. (WIPO has anon-line calculatorfor PCT dates)UFD+90 to 120 days
UFD+90 to 120 days			Receive filing receipt from PTO. (See our page "How to read a filing receipt"for more information. File Information Disclosure Statement (IDS)
PCTF +5 months	International Search	ISRD	PCT office sends International Search Report.
PD+18 months	Publication Date	PubD	Both US & PCT applications are published(see note 4)
PD+22 months (or ISRD+3 months)	Chapter II Date		Pay Chapter II fee and file Demand form in PCT application, to get an International Examination(see note 2)
UFD+9 to 18 months (on average)	First Office Action	OA	没有设置哒te - Examiner will examine US patent application and will usually reject it. See our page "How to read an office action" for more information.
OA+3 months	Reply to Office Action		Can be extended to up to 6 months, but extensions will offset against any term extension due to PTO delays.
PD+20 months	PCT National Filing under Old Rules (seenote 2)		Must file national application in those countries which have not yet changed their national rules, if no Chapter II demand was filed.
PD+30 months	PCT National Filing		Must file national applications in foreign countries (31 months in European Patent Office and some other countries).(seenote 2)
UFD+2½ years (on average)	US Patent Application is Allowed	AD
AD+90 days	Pay issue fee and publication fee, if any	IFD
IFD+90 days (on average)	US Patent Issues	ID	Patent may now be enforced against infringers. Damages may be available for infringement between PubD and ID under some circumstances.
ID+3.5 years	First Maintenance fee due		May be paid with surcharge until ID+4 years(see note 5)
ID + 7.5年	Second Maintenance fee		May be paid with surcharge until ID+8 years
ID+11.5 years	Third Maintenance fee		May be paid with surcharge until ID+12 years
UFD+20 years (see note 3)	US Patent Expires		Invention enters public domain

Notes:

Foreign Filings:Most countries will not allow you to get a patent if the Bar Date was before the Priority Date. For foreign patent applications, you should file a Provisional Applicationbeforeyour first public publication or sale.

Continuations, Divisionals and Continuations in Part:The expiration of a patent is based on the US filing date of the first non-provisional patent application in the sequence. So, if the fees are all paid on time, the patent term starts when issued and continues until 20 years from the earliest non-provisional filing date. For any foreign applications, it is the actual U.S filing date that determines the patent's term,not the priority date.

Are you ready to start your patent application?Get a quotefrom our network of professional U.S patent attorneys. We offer a comprehensive range of intellectual property services, fromdesign patentstoutility patents,USPTO patent search services, andtrademarks.