Office of Licensing & Ventures
Patenting Timeline
The patenting process is a complex, multistage process that will last for several years.
- Public presentation or use of the invention sets up a “bar date” in the U.S. Such actions eliminate the possibility of patent protection in foreign countries.
- Within one year of the bar date or at anytime if not disclosed, we may file a provisional patent application. Within one year of the filing of the provisional patent application, we must file a non-provisional U.S. patent application and/or a PCT patent application.
- Within 18 months (USPTO goal is one year), the U.S. patent examiner issues the First Office Action.
- Within three months of receiving the Office Action, we must file a response (extensions are available, but cost additional money). The patent examiner will review the response and issue a second Official Action. This back and forth process will continue until a patent is issued, Duke abandons the patent application, or the examiner issues a final rejection of the application.
- Eighteen months after filing a non-provisional or PCT patent application, the application is published.
- Within 30 months after filing PCT application, we must choose the individual countries in which we will seek patent protection, if any.
- Once the U.S. patent has been issued, patent maintenance fees are due at 3.5, 7.5, 11.5 years after issuance.
- Patent term expires 20 years from the non-provisional patent application filing date.