Saturday, February 17, 2007

Patent Application Failure Rate

The failure rate for patent applications examined in 2006 was 46%.

By failure here is meant all claims remained rejected after the prosecution stage . A rejection of all claims on a first Office Action kicks off the prosecution stage. Such a first-Action rejection is not unusual, and many of those approved start out in that group.

There is another type of failure, however, which is a failure to have meaningful claims allowed even though a patent issues. I have seen instances in which no attempt to obtain meaningful claims was ever made. (This does not normally happen to corporations, but to independent inventors.)

More information on patent applications at the USPTO website at (and there is only one USPTO website) and on my website at


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