Of particular interest to many clients, the current backlog – the time between receipt of the application and the first Office Action from the USPTO – averaged 20.2 months in FY 2004. Worse, this backlog projects to a 31.0 month delay in FY 2005.

Hardest hit at a predicted delay of in excess of 42 months include Communications related applications and Computer Architecture Software and Information Security-related applications. Mechanical, Manufacturing and Product applications project to a 25.4 month backlog.

Ultimately, should a patent issue, the patentee obtains a 20-year (from the filing date) monopoly and can exclude others from making using, selling, offering for sale, or importing the patented invention.

The financial costs and rewards of patent protection combined with this backlog should be considered prior to deciding whether to seek patent protection.