How Long Do I Wait for a First Office Action

By Dennis Crouch, Patent Law Blog (Patently-O)May 03, 2010 at 02:42PM

Based on the USPTO’s most recent numbers on examination, I created an updated table of the average delay until a first office action is mailed from the PTO. These numbers reflect an average for each technology center as it operates today. The 3.25 year delay in Electronic Commerce (TC 3620) means that the applications receiving first office actions during the past three months had been pending for 3.25 years ago on average — taking us back to applications filed around new-years 2007. One-year-ago, the delay for TC 3620 was 3.9 years from filing to FAOM. The numbers do not necessarily reflect how long it would take for an application filed today to make it through. (Although it is perhaps one of the better estimates that we have on hand.).

Tech Center

Area of Technology

Average Years Delay Before First Action on the Merits

2900

Designs

1.13

1660

Plants

1.40

1640

Immunology receptor ligands

1.95

3670

Wells earth boring

1.96

3610

Surface transportation

2.12

1620

Organic chemistry

2.17

3640

Aeronautics

2.19

1650

Fermentation microbiology

2.21

1630

Molecular biology

2.25

3630

Static structures

2.25

3720

Manufacturing devices

2.25

3760

Body treatment

2.41

3650

Material handling and

2.43

2180

Computer architecture

2.49

3660

Computerized vehicle

2.49

2160

Database and file management

2.55

2110

Computer architecture

2.56

3710

Amusement and

2.60

3740

Thermal and combustion

2.65

3750

Fluid handling and

2.68

1610

Pharmaceutical formulations

2.72

2120

Miscellaneous computer

2.76

3730

Bio and Organic

2.79

3780

Bio and Organic

2.79

3770

Respirators Therapeutic

2.83

2610

Digital Communications General

3.06

2620

Television and TV Recording

3.12

3620

Electronic Commerce

3.25

2190

Interprocess communications

3.98