While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown below, over the previous year the average length of time from a design application filing date to the date that a first Office action was mailed was 16.7 months (Figure 1, below). In the month of July 2024, that average had crept up to 17.1 months. In the consumer product space especially, given the sometimes short shelf-life of a product, such a long examination pendency may not be suitable for a design patent applicant.
Figure 1: Design First office Action Pendency Design | Patents Dashboard | USPTO
Fortunately, the USPTO offers design patent applicants a greatly-expedited path to examination, commonly known as the “Rocket Docket.” In 2024, applicants who used the Rocket Docket received a first Office action within an average of just 1.4 months from when the Rocket Docket request was granted, as shown in Figure 2 below.
Figure 2: Rocket Docket Pendency from Grant of Request for Expedited Examination to First Action Design | Patents Dashboard | USPTO
Using the Rocket Docket process allows design applicants to receive a first Office action more than 15 months sooner on average compared to the standard design examination timeline. Further, use of the Rocket Docket expedites all future processing of the application, including any potential appeal. Finally, unlike a “Track One” Request—which must be submitted with the initial filing of a nonprovisional utility application to receive expedited status—there is no requirement that an expedited Rocket Docket examination request be submitted with the initial filing of a design application, thus giving design patent applicants more flexibility on the decision of whether and when to possibly take advantage of expedited examination.
Special requirements to take advantage of the Rocket Docket include the conducting of a pre-examination prior art search by the applicant and the payment of an additional fee.
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