Diminishing Success Rate in Successive Office Action Responses
Updated: Aug 24
Before engaging with a client in a new patent application I make a point of reviewing the overall grant rate statistics. Typically, the acceptance rate for patent applications in the United States hovers right around 50%. In 2020, the grant rate was 53% meaning that nearly half of the patent applications submitted never resulted in a patent.
While the odds may be slightly in an applicant’s favor, it is important to understand that the battle for a patent is an uphill one from the start. During prosecution, an applicant may receive a number of rejections. In my experience, most examiners are not willing to grant a patent after a response to a second office action. This article and graphic seem to arrive at the same conclusion.