How Long Does It Take to Get a Patent in 2025? | Rotek Law

You’ve built something new—maybe a prototype, maybe just the early concept—but now you're ready to protect it. One of the first questions that usually comes up at this stage is: how long will it take to get a patent approved?

That’s exactly what this blog is here to answer.

We’re going to walk you through the current timeline for getting a patent in 2025, explain what’s happening behind the scenes at the USPTO, and show you how some inventors are getting through the system faster than others. Whether you’re filing on your own or working with a patent attorney, understanding the timing can help you make better business decisions.

Let’s get into it.

What’s the average wait time?

Most U.S. utility patent applications take between 22 and 24 months from the date of filing to a final decision. That’s the national average across all industries and all types of inventions, based on recent data from the USPTO Patents at a Glance dashboard.

However, your specific timeline could be longer or shorter depending on a few key factors:

• How well the application is drafted

• The technology area your invention falls under

• The responsiveness of your legal team and the assigned examiner

• Whether you request a faster review through special programs like Track One

It’s also worth noting that many applications don’t get approved right away. The USPTO typically issues a First Office Action—basically, a formal response—before reaching a final decision.

What’s happening at the USPTO in 2025?

To understand why things take time, it helps to look at what’s going on behind the scenes.

As of March 2025, the USPTO is managing a backlog of over 830,000 unexamined patent applications. This includes utility, plant, and reissue filings still waiting for a first substantive review. The agency received more than 600,000 new filings in fiscal year 2024 alone, and activity in early 2025 continues to climb.

Even with more than 8,500 examiners, the volume is a challenge. Fewer examiners and more filings have led to longer wait times across the board.

You can see this trend in the USPTO’s Patents Production, Unexamined Inventory and Filings Data and also in our recent post: The State of Patents in 2025: Key Insights from USPTO’s March Report.

How long is it actually taking right now?

According to the USPTO’s own metrics, the average time to receive a First Office Action is now around 22.5 months. That’s how long it takes for most applicants to get their first substantive response from the examiner.

That’s not a full decision yet—it’s just the beginning of the back-and-forth process that often follows. Most applications go through at least one round of clarification or amendment before a final outcome.

The good news is that a strong initial filing can reduce delays, shorten the number of office actions, and improve your overall timeline.

Is there a way to speed things up?

Yes—through the USPTO’s Track One Prioritized Examination program, applicants can request expedited review and potentially receive a final decision in less than 12 months. In many cases, the timeline is closer to 6 to 9 months.

As of May 5, 2025, the fees for Track One are as follows:

• $4,515 for large entities

• $1,806 for small entities

• $903 for micro entities

• $151 processing fee (all entities)

• Plus the standard USPTO filing, search, and examination fees

Track One isn’t the right fit for every situation, but if you’re seeking an issued patent to enforce quickly, then it can be a great option.

And if you're worried about costs, you may qualify for reduced fees as a micro entity or small entity. We break that down in our next post:

Are You a Micro Entity? How to Save on Patent Filing Fees in 2025

What can you control?

You can’t control the backlog. But you can control the strength of your application.

The biggest delays often come from poorly written claims, vague technical descriptions, or missing information. And once the USPTO issues an Office Action, how you respond—and how fast—can make a big difference.

So how long will it take for you?

If you’re filing a standard utility patent in 2025, expect the process to take about 22 to 24 months—from filing to final decision. But that number can change depending on the quality of your application, your responsiveness, and whether you pursue options like Track One.

Ready to protect what you’ve built?

At Rotek Law, we help inventors and startups across the country file stronger patents, faster. Whether you're submitting your first application or exploring expedited options, we’re here to guide you every step of the way.

Call us at (305) 731-2593 or schedule a free consultation to get started.

Let’s protect your idea—the right way.