Why Your Patent Takes So Long and What You Can Do About It

Secure Your Creations Podcast

Patent timelines are a source of frustration for many inventors who continuously ask, "Why is this taking so long?" In this revealing conversation, IP attorney Mario Milano pulls back the curtain on the reality of patent prosecution—the notorious "hurry up and wait" process that typically spans two years from filing to issuance.
The journey begins with application preparation, a relatively quick 4-6 week process. Then comes the long wait: 18 months (despite USPTO's 14-month guideline) before receiving that first office action. Mario explains the critical differences between provisional and non-provisional applications, and why missing a response deadline can derail your entire patent strategy. For busy entrepreneurs juggling multiple priorities, these oversight risks make professional management particularly valuable.
We explore the nuances of patent ownership—a consideration often overlooked by startups but scrutinized by investors who typically want IP rights assigned to companies rather than individuals. Mario shares practical wisdom about when to expedite examination through special petitions (when competitors are encroaching) versus when standard timelines actually benefit you (when your product is still evolving). The complexity multiplies when managing multiple patents across various products and international jurisdictions, creating a coordination challenge only sophisticated systems can handle.
The episode concludes with an enlightening "Is It Patentable?" segment examining pliers designs, demonstrating the crucial distinction between functional features (generally not protectable with design patents) and ornamental features (potentially protectable).
Whether you're a solo inventor with your first patent application or a growing company managing an extensive portfolio, understanding these timelines and strategic considerations will help you approach the patent process with realistic expectations and a solid plan. Subscribe to Secure Your Creations for more insights that help you maximize protection for your innovations.

Chapters

1. Podcast Introduction (00:00:00)

2. Patent Timeline Realities (00:01:28)

3. Office Actions Explained (00:04:05)

4. Patent Ownership and Investors (00:07:17)

5. Managing Multiple Patent Portfolios (00:09:21)

6. Is It Patentable: Pliers Design (00:14:28)

7. Episode Closing (00:17:27)