Data for FY21 on USPTO action times released

How long does it take for a patent or trademark registration to grant? The U.S. Patent and Trademark Office (USPTO) recently released its FY 2021 Performance and Accountability Report, which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year.

  • In FY21, for the first time in nine years, the USPTO’s average time to first action on patents increased to 16.9 months compared to 14.8 months in FY20. The average total pendency — that is, the time from filing to either grant or abandonment — remained steady at 23.3 months.
  •  In FY21 the average time from filing to first Office Action in a trademark application more than doubled from the previous year, with the average wait time now 6.3 months to first action.

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