US Patent Application Pendency by Technical Area

The following table shows the average First Office Action Pendency and Total Average Pendency for pending patent applications to date for Fiscal year 2009, broken down by technology center.

PATENT PENDENCY STATISTICS (FY 2009)

Pendency Statistics by Technology Center (in months)	Average First Action Pendency	Total Average Pendency
Total Pendency	25.8	34.6
Tech Center 1600 - Biotechnology & Organic Chemistry	22.5	35.1
Tech Center 1700 - Chemical & Materials Engineering	25.9	37.4
Tech Center 2100 - Computer Architecture, Software & Information Security	29.4	40.7
Tech Center 2400 - Networks, Multiplexing, Cable & Security	28.6	47.7
Tech Center 2600 - Communications	33.0	42.7
Tech Center 2800 - Semiconductor, Electrical, Optical Systems & Components	20.8	29.7
Tech Center 3600 - Transportation, Construction, Agriculture, & Electronic Commerce	24.4	35.1
Tech Center 3700 - Mechanical Engineering, Manufacturing & Products	26.5	35.5

According to data published by the USPTO in the Performance and Accountability Report Fiscal Year 2009Management's Discussion and Analysis the 2009 pendency goals at the US Patent and Trademark Office ("USPTO") are:

First Official Action:  27.5 months.
Overall Disposal (Issued or abandoned): 37.9 months.

Steps that are being taken to reduce the patent pendency include:
Hiring additional examiners, which is largely dependent upon the passage of a Congressional Bill into law that would give the USPTO the authority to set fees, but not allow Congress to "siphon off" fees collected by the USPTO.

First action interview program to provide interviews early in the prosecution to identify patentable subject matter early to result in an early disposition of the application.

Changing the patent examiner count system to discourage Continued Prosecution Applications.

With over 800,000 patent applications pending, and another 70,000 filed each year, it is time to get the gears of the USPTO up to speed again, for the benefit of Inventors, Entrepreneurs, Businesses of all sizes and the American Public.