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The second chart shows a histogram of delay from the payment of the issue fee until patent issuance.
Most patents issue in the sixth-week after payment.
One can request a strategic delay in the examination of a patent application in order to defer costs or to wait to see if the patent will be infringed, but at the five-year point the patent is considered abandoned if examination is not requested.
The timeline for a patent to be issued varies greatly, but on average (from filing to issuance) it takes six months to three years.
Answer: As the charts shows below, the timing of issuance is closely correlated with timing of the payment of the issue fee.
In my sample, 88% of the patents issued within 6–8 weeks of payment of the issue fee.
Entrepreneurs need to know the process and timeframe for having a patent issued, how to budget for the process, and when they can expect to assert their ownership over and market the patented piece of intellectual property (IP).Some file histories included multiple notices of allowance.For those, I only looked at the last-mailed notice.After you have filed the application, the patent office will examine it.This happens automatically for US patent applications, but must be requested within five years of the filing date for Canadian patent applications.
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However, at any time after a priority application is filed, the status of “patent pending” can be used to encourage investors and discourage infringers.