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Sector dossier: who files, how long it takes, and who gets left behind

Every sector files differently, waits differently, and comes away with a patent at wildly different rates depending on who's filing.

Overview

Every sector, broken down

The whole-office figure isn't an average of the sectors below. Large and small filers simply work in different fields, and that skews the total.

Sector
Filed by big companies
Time to a patent
How much harder for small filers
The gap
Whole office
934k applications
74%
2 yrs 3 mo
19.2 fewer
Mechanical engineering and manufacturing
146k applications
59%
2 yrs 9 mo
19.2 fewer
Transportation, construction and commerce
138k applications
62%
2 yrs 4 mo
19.1 fewer
Technology
493k applications
85%
2 yrs 1 mo
16.6 fewer
Chemistry and materials
90k applications
73%
2 yrs 6 mo
12.0 fewer
Health care
67k applications
57%
1 yr 11 mo
9.4 fewer
Of every 100 applications that reached a decision, how many fewer ended in a patent for small filers than for big companies · the tick marks the whole office
Pick an industry

Pick an industry and see who the US patent system is built for: how much of it belongs to big companies versus the small companies and independent inventors, how long each side waits, and how often small filers come away empty handed. Same office, very different odds depending on what you build.

Technology

Software, computer networks, communications, semiconductors and electronics.

85 of every 100 patents here go to big companies. The other 15 are all that is left for small filers.

85%

held by big companies

39d

faster for small filers

16.6 fewer

patents per 100 than big companies

Big companiesSmall and independent
Pendency

How long it takes

Typical time from filing to the end, on the same scale for both endings. Half finish sooner, half later.

The wait is the one thing not stacked against small filers.

Small businesses don't wait longer than large companies here, on both clocks they finish sooner. Whether they get the patent is the next section.

The winning path

Time to a patent

Median wait of the applications that ended in a patent, measured on 413,960 of them in this sector.

The losing path

Time until they give up

Median time spent before abandoning, measured on the 79,262 applications given up in this sector.

The gap

How often small filers come away empty handed

Of the applications that reached a decision, how many ended in a patent?

Small filers get
16.6 fewer
patents per 100 decided applications than large companies
likely between 16.3 and 17.0

Every 100 applications that reached a decision

70became a patent for small filers
16more would have, at a large company's rate
14ended without a patent either way
holds with the sector's mix of fields held fixed (16.4 fewer with it fixed)
Drill-down

No field spares the small filer

Each sector splits into the examining fields the Patent Office actually runs. Slice them any way you like: the gap holds in every field of every sector.

71 of 71

fields, small filers come away with fewer patents

The Patent Office runs 71 examining fields across these five sectors. Small filers end up with fewer patents per 100 decisions than big companies in every single one. The bands below show how wide that gap runs inside each sector.

Fewer patents per 100 decided applications · band = a sector's mildest field to its harshest · dot = the sector overall

0 · even102030

Even Technology's mildest field costs small filers 8.7 patents per 100 decisions; its harshest costs 27.7. Click a sector to open its dossier.

About these numbers

Filer sizes are what filers declare to the patent office for its fee discount: large companies pay the full fee, small businesses half, micro entities (mostly individual inventors) a quarter. "Small filers" on this page means small businesses and micro entities together.

The gap is measured on applications that reached a decision: of every 100, how many ended in a patent for large companies, minus the same for small filers. "Likely between" is a 95% bootstrap interval.

The two clocks are each measured on a different set of applications, time to a patent only on the ones that got one, time before giving up only on the ones that didn't, so they are read together, with the number each was measured over:

FilerTime to a patentMeasured onTime before giving upMeasured on
Large companies2 years 1 month361,1912 years 8 months56,493
Small businesses2 years47,9892 years 4 months19,440
Micro entities1 year 10 months4,7802 years 2 months3,329

The check re-measures the sector's gap with each of its fields held to a fixed share, to separate "small filers do worse within a field" from "small filers work in harder fields". For Technology it used 36 of 40 of the sector's fields, covering 100% of the sector's applications.

A sector is a bundle of the Patent Office's fields; the office publishes no industry grouping of its own. Technology is 40 fields, listed above. The 5 sectors cover 933,878 of the office's 934,421 applications; the other 543 sit in work the office handles separately (designs, re-examination and administrative filings).

The applications we tracked are US utility applications filed over three complete years and followed to their outcome. Applications that arrived through the international (PCT) route are excluded, so nothing here describes foreign filers. No figure on this page is an average of the figures below it; every level is its own measurement.

Source: USPTO published patent applications. One set of applications, grouped three ways: by sector, technology centre, and field.

US Patent Sector Dossier: Who Files, How Long It Takes, Who Does Worse