In a move aimed at expediting protection for inventors, the U.S. Patent and Trademark Office (USPTO) has announced a significant change to its patent issuance timeline. Specifically, the USPTO is reducing the time between the issue notification and the official patent issue date—a window that has traditionally averaged about three weeks.
According to the agency, this timeframe will now be shortened to approximately two weeks. The change is designed to “provide earlier protection for inventions,” reflecting the USPTO’s broader efforts to modernize and streamline its processes.
This acceleration has been made possible in large part due to the shift to electronic publication. As the USPTO explained, “Publishing electronic grants via the PTO online platform has allowed the PTO to eliminate redundancies and reduce the time between grant notification and the issuance date.” By removing manual steps and leveraging digital systems, the Office is now able to finalize patent grants more efficiently.
One important side effect of this change is its potential to reduce reliance on the Quick Path Information Disclosure Statement (IDS). The Quick Path IDS was developed to streamline the process of submitting new references after payment of the issue fee. With the shortened issuance timeline, fewer applicants may find themselves needing to use this mechanism.
Practice Note: In light of the expedited schedule, the USPTO advises that “applicants file continuation applications before payment of the issue fee to ensure codependency.” This ensures that any desired continuation filings are properly linked and not jeopardized by the now-tighter issuance window.
This development marks another step toward a more agile and responsive patent system. Practitioners should review their current filing strategies and docketing procedures to accommodate the faster turnaround and avoid any unintentional lapses in rights or filings. Our Maryland IP attorneys are here to review and maneuver the ever-changing system.