Timelines & Process · Roberts IP Law Blog

How Long Does It Really Take to Get a Patent? Standard vs. Expedited Track One

Inventors are often shocked when they learn the real answer to:

“How long does it take to get a patent?”

The truth is: There are two timelines, and they’re wildly different.

Standard timeline: 3-5 YEARS

Most patent applications filed under the standard process sit in line for:

• 12-20 months before a first Office Action

• 2-5 years before final disposition

During that time:

• you wait

• your competitors move

• your product may age

• investor confidence suffers

• the market might change entirely

The slow timeline is one of the biggest frustrations in the entire patent system.

Expedited timeline (Track One): ~12 MONTHS

Track One is a special USPTO program that guarantees accelerated examination.

Typical timelines:

• First Office Action: 3-5 months

• Final disposition: 10-12 months

This is why my practice is built exclusively around expedited utility filings.

Why Track One matters for inventors

1. You get results fast

No waiting years to see if you were right.

2. Better for businesses

Investors want certainty. Manufacturers want certainty. Retailers want certainty.

A one-year timeline supports:

• fundraising

• licensing

• pitching

• launching

• securing distribution

• stopping competitors earlier

3. Better for stopping knockoffs

The faster your patent issues, the sooner you can act.

4. Better for testing claim strategy

Track One applications cycle faster:

• you get examiner feedback sooner

• you can refine claims quickly

• you can adapt strategy if the market evolves

5. Better for design-arounds

You learn early what competitors can and can’t legally copy.

Why don’t all firms use Track One?

Because Track One requires:

• disciplined drafting

• front-loaded strategy

• higher filing fees

• tighter prosecution timing

• continuous attorney involvement

• no “file it and forget it” behavior

Many firms prefer the slow track because:

• they bill hourly

• delay is profitable

• slow cases require less proactive attention

I don’t practice that way. My clients get fast, focused, predictable results, not multi-year limbo.

The bottom line

If you want:

• clearer business planning

• stronger investor confidence

• faster market entry

• earlier enforceability

• more predictable results

…Track One is the way to go.

It is also why my companion firm, Patent My Product, PLC, builds expedited Track One filing into every application it handles.

👉 If you want a patent in ~1 year instead of 3-5, start with a consultation to see if you’re ready.