time it takes to obtain a patent with the assistance of a patent lawyer can vary depending on several factors. These factors include the complexity of the invention, the quality of the initial patent application, the responsiveness of the patent office, and the level of cooperation between the inventor and the patent lawyer. On average, the process can take anywhere from one to three years, but it can sometimes take even longer.
The first step in obtaining a patent is to conduct a thorough search to ensure that the invention is novel and not already patented. This search is typically performed by the patent lawyer, and it can take several weeks to complete. Once the search is done, the lawyer will review the results and advise the inventor on the potential patentability of the invention.
After the search, the patent lawyer will work with the inventor to draft a patent application. This process involves understanding the invention in detail, identifying the novel aspects, and describing them in a way that meets the legal requirements of patentability. The drafting process can take several weeks to several months, depending on the complexity of the invention and the level of detail required.
Once the patent application is drafted, it is submitted to the patent office for examination. The examination process can take a significant amount of time, as patent offices receive a large number of applications and have limited resources. The average time for examination varies between different patent offices, but it can range from several months to a couple of years.
During the examination process, the patent office may issue office actions, which are official communications that raise objections or request additional information or amendments to the application. The patent lawyer will work with the inventor to respond to these office actions, addressing the objections and making any necessary amendments to the application. This back-and-forth process can take several months or even years, depending on the complexity of the objections and the responsiveness of the patent office.
Once the patent office is satisfied with the application and all objections have been overcome, the patent will be granted. The time it takes for the patent to be granted after the final response can vary, but it is typically several months.
In summary, obtaining a patent with the assistance of a patent lawyer can take anywhere from one to three years, or even longer. The process involves conducting a search, drafting a patent application, responding to office actions, and waiting for the patent office to grant the patent.