How long does it take to get a patent in 2025?

If you're reading this, you're probably facing one of the most pressing questions in the startup world: exactly how long will your patent application take? 

Maybe you've got an investor meeting scheduled where you need to demonstrate IP protection. Perhaps your public launch is months away, and you're wondering if that patent will be granted in time. Or you could be staring down a new competitor and want to know when your defensive patent portfolio will actually provide protection.

Read on as we break down the real-world timelines you can expect in 2025, the strategies that speed things up (and which ones are just expensive paperwork), and how to align your patent timeline with your business milestones. 

But first: What’s the difference between provisional vs. non-provisional applications?

Before diving into timelines, it’s important to understand the two types of applications startups usually deal with.

• Provisional applications are informal filings that hold your place in line. They’re not examined and won’t become a patent on their own, but they keep your place in line for 12-months while you test the market, iterate on your designs, or raise funding. 
• PCT or “international” applications are filed with the World Intellectual Property Organization via a “receiving office,” which is typically the USPTO for U.S. companies. PCT applications are similar to provisionals in that they will not become granted patents on their own and delay the expenses and decisions about international jurisdictions to seek patent protections for up to 2.5 years after filing. However, unlike provisional applications, they are examined by a "competent" patent office while they are pending to provide an idea of patentability. PCTs are converted to national stage non-provisional applications after the 2.5 year timeline expires.
• Non-provisional applications are the real deal. This is what gets reviewed by the USPTO, and what can eventually become a granted U.S. patent. You can file a non-provisional directly, or use a provisional to delay that decision by up to a year.

When people ask “how long does it take to get a patent?”, they’re usually asking about the timeline after a non-provisional is filed. So let’s break that down.

What affects patent timelines

Drafting and prep time

Before anything is filed, the application needs to be written. A strong application needs to cover the right technical details, support broad claims, and anticipate design changes or design-arounds. 

Here’s how the drafting timeline usually breaks down depending on who’s doing it:

• Solo patent agents or freelancers: 2 to 4 weeks. A good freelancer or solo agent can move quickly, especially if they have experience in your tech area. However, quality varies, and they may not offer as much strategic input or long-term support.
• Boutique patent firms: 3 to 6 weeks. Smaller firms that specialize in patents often promise faster turnarounds than big firms. Still, timelines depend on availability and how simple or complex the invention is. Expect at least one to two rounds of review and edits as well.
• Large law firms: 4 to 10+ weeks. Big firms often handle complex portfolios and enterprise clients, so startups may face longer wait times. Internal reviews, layered approvals, and broader scope can add delays. 

Check out our guide on how to find an affordable patent lawyer in 2025.

Average USPTO wait times in 2025

Once you’ve filed your non-provisional application, the USPTO doesn’t review it right away. There’s a queue, and how long you wait depends on a few factors, including what kind of technology you’re working on.

Unfortunately, average wait times have increased across the board. A federal hiring freeze implemented on January 20, 2025, halted the USPTO's plans to recruit approximately 800 new employees, primarily patent examiners, and patent pendency has increased across all technology centers. 

Here’s what the typical timeline looks like in 2025:

• First review: ~23 months. Currently, it takes roughly 23 months for the U.S. Patent and Trademark Office (USPTO) to assign an examiner and issue a first review (called a first office action). Some tech areas (like software, AI, or biotech) can take even longer (~29 months) due to higher filing volume and examiner backlog.

• Full process: ~26 months. Most applications don’t get approved on the first try. Examiners may reject claims or request clarification. Each response and review adds time, sometimes months. Two to three rounds of back-and-forth are common before an application is allowed.

What does this mean for your startup or invention?

For founders who haven’t filed yet, the idea of waiting 2 to 4+ years for a patent might feel discouraging. Luckily, you don’t need a granted patent to start building value. What matters is filing smart and early, then using that filing strategically.

Here’s what to keep in mind.

"Patent pending" is often enough

As soon as you file a provisional or non-provisional, you can legally mark your invention as “patent pending.” For investors, that signals IP is in motion. For competitors, it introduces risk. A strong pending application can give you leverage, even if the grant is years away.

Filing early protects your priority date

Patents go to the first to file, not the first to invent. Waiting too long, especially after going public with your idea, can cost you the right to patent it at all. Even a placeholder provisional can lock in your priority date while you work on next steps.

You don’t need to file everything at once

Most startups don’t file one giant, perfect application. They file provisionals early, then build on them. You can stage filings around product milestones, funding rounds, or engineering progress, as long as you’re strategic about it.

How to speed up the patent process

While you can’t control the USPTO’s queue, you can control how you prepare, file, and manage the process. Here are a few levers worth pulling. 

If speed matters, choose expedited examination (Track One)

Track One is the USPTO’s fast lane, and in 2025, it’s very fast. On average, Track One applicants receive their first Office Action just 1.3 months after the USPTO grants the Track One petition. Many reach allowance or final disposition in under 5 months total, and you’re guaranteed a notice of allowance or a final rejection within 1 year of filing.

That kind of speed can be a game-changer if you’re trying to close a funding round or finalize a licensing deal, but it comes with trade-offs:

• It costs more: Track One adds ~$1,800 in extra fees for small entities (more for larger ones).
• Claim limits apply: You’re limited to 4 independent claims, 30 total claims, and no multiple dependent claims.
• There’s a cap: The USPTO only accepts 20,000 Track One requests per year, so it’s first-come, first-served.

Start with a good draft

Sloppy or vague applications lead to more rejections, more revisions, and more delays. A clear, well-structured application reduces back-and-forth with the examiner and shortens the total time to grant.

Respond to office actions promptly

Once you hear back from the USPTO, delays can start to pile up if you don’t have robust processes in place. Set up internal reminders, work with your patent counsel quickly, and avoid going dark during the response window. Every month counts.

Don’t wait to file your first provisional patent application

Patents don’t move fast, but you can. The sooner you file, the more options you unlock for funding, partnerships, and peace of mind. 

Patentext helps startups go from idea to solid first draft in hours, not months — which you can hand to patent counsel for review and filing at a fraction of the usual cost. Try Patentext and draft your first provisional for free today. 

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Patent laws are complex and vary by jurisdiction. For personalized guidance, consult a qualified patent attorney or agent.