As he often does, Dennis Crouch has created a chart to help better understand the patent process. This one shows the average time between filing a patent application and receiving a first action on the merits (“FAOM”). Generally, this FAOM comes in the form of a non-final rejection. Very rarely is it an immediate notice of allowance; most of these occurrences are limited to design and plant patents. Professor Crouch notes that the average pendency from filing to issuance as a patent is about 3.5 years. That number represents a slight drop over the past few years since Director Kappos has taken the helm at the Patent Office, but the Office still has a backlog of 600,000 patent applications to work through. Most of the 3.5 years is consumed simply in waiting for the newly-filed patent application to rise from the bottom of the stack to receive examination.
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