Patents Pendency Data

First Office Action Pendency

First Office Action pendency is the average number of months from the patent application filing date to the date a First Office Action is mailed by the USPTO. The term "pendency" refers to the fact that the application is pending or awaiting a decision. This measure of First Office Action Pendency includes the time until a first action by the USPTO, as well as any time awaiting a reply from an applicant to submit all parts of their application. The first action pendency number displayed, measured in months, is the average for all applications that have a First Office Action mailed over a three-month (one quarter) period.

Traditional Total Pendency

This is the measure of total pendency, as traditionally measured. Historically, pendency has been measured as the average number of months from the patent application filing date to the date the application has reached final disposition (e.g., issued as a patent or abandoned) which is called a “disposal”. This pendency includes the time periods awaiting action by the USPTO, as well as any time awaiting reply from an applicant.

The Traditional Total Pendency pendency number displayed, measured in months, is the average for all applications--excluding applications in which an RCE has been filed--which are “disposed” over a three-month period.


Office Time and Applicant Time - Traditional Total Pendency

Office and applicant time - traditional total pendency represents a detailed look at the traditional total pendency measure, and the Track One Prioritized Examination Process. The data is cumulative for the year and breaks out time into three categories: prosecution time with the office, time awaiting first action, and prosecution time with the applicant.


Office Time and Applicant Time - Traditional Total Pendency Including Requests for Continued Examination (RCEs)

Office and applicant time - traditional total pendency including RCEs represents a detailed look at the traditional total pendency including RCEs measure, and the Track One Prioritized Examination Process. The data is cumulative for the year and breaks out time into three categories: prosecution time with the office, time awaiting first action, and prosecution time with the applicant.


Traditional Total Pendency Including Requests for Continued Examination (RCEs)

Total pendency including RCEs is the average number of months from the patent application filing date to the ultimate disposal of the application, irrespective of any intermediate abandonments due to the filing of a Request for Continued Examination (RCE).

This pendency number displayed, measured in months, is the average for all applications meeting the above criteria which are “disposed” over a three-month period.


Forward-Looking First Action Pendency

Forward Looking First Action Pendency represents an estimate of the number of months it would take an application filed today to receive a first office action.

Pendency of Applications Which Include at Least One Request for Continued Examination (RCE)

Pendency of Applications which include at least one Request for Continued Examination (RCE) is the average number of months from the date of filing an application to the ultimate disposal for only those applications for which one or more RCEs were filed. This differs from “Traditional Total Pendency including RCEs” because this measure does not include applications which reach disposal without an RCE ever having been filed. This measure does not include any application with a Continuation, Continuation-in-Part, or Divisional in the chain of applications.

This pendency number displayed, measured in months, is the average for all applications meeting the above criteria which are “disposed” over a one-month period.


Pendency from RCE Filing to Next Office Action

Pendency from Request for Continued Examination (RCE) filing to next office action is the average pendency in months from the filing of an RCE to the mailing of the next office action.

This pendency number displayed, measured in months, is the average for all applications meeting the above criteria which receive an office action over a one-month period.


Pendency of Continuation Applications

Pendency of Continuation Applications is the average pendency in months of applications filed as Continuations of a parent application, measured from the filing date of the parent application. If the continuation is a continuation in a chain of continuing applications, the pendency is measured from the filing date of the earliest application in the chain. This measure only includes continuations, and does not include any application with an RCE, Continuation-in-Part, or Divisional in the chain of applications.

This pendency number displayed, measured in months, is the average for all applications meeting the above criteria which are “disposed” over a one-month period.


Pendency of Divisional Applications

Pendency of Divisional Applications is the average pendency in months of applications with at least one Divisional application filed in a chain of applications. The pendency is measured from the filing date of the parent application to the disposal of the last application in the chain. If the divisional is a divisional or continuation of another divisional or continuation application, the pendency is measured from the filing date of the earliest application in the chain.

This pendency number displayed, measured in months, is the average for all applications meeting the above criteria which are “disposed” over a one-month period.