Patent Attorney and Founder
Do some types of patent applications move faster than others?
Troy: Oh yeah, definitely. A lot of it depends on what’s trending in tech. Right now, it’s AI. A couple years ago, it was all about blockchain. When one of these “hot” fields takes off, everyone starts filing applications in that space.
But here’s the thing: the number of patent examiners doesn’t magically go up. So when thousands of AI-related patents flood in, those examiners get swamped. The result? Slower processing times.
Unless you request something like Accelerated Examination or file a petition to make special, your application’s just going to wait in line, first come, first served.
Now, if you’re working in a quieter field where fewer people are inventing, your patent might get examined much faster. It’s kind of the luck of the draw.
JD: That reminds me of something I’ve seen on the trademark side. Sometimes, if I submit a third trademark application for a client, and it’s similar to two earlier ones we already filed, they all get grouped together and reviewed by the same examiner. That can speed things up a bit. Do you ever see anything like that with patents?
Troy: Not really. That grouping thing does happen more in trademarks, but I haven’t seen it much in the patent world.
Now, one thing that does help on the patent side is filing a continuation application. For folks who don’t know, that’s when you file a new patent based on an older one, but with different claims. The description stays the same, but you tweak what you’re trying to protect.
Since it’s based on the original, you keep the same filing date, and often, the same examiner picks it up. They already know the invention, so it’s sometimes quicker to get through review.
Why exactly that happens? I’m not sure. Maybe the examiner wants to clear it off their desk because they’re already familiar with it. I’ve even tried to figure out how these assignments work behind the scenes, especially when we’ve wanted a different examiner. No clear answers yet.
JD: Yeah, I get that. There are a few trademark examiners where, as soon as I see their name on an office action, I just sigh and brace myself.