Clients often ask “what are my chances of getting a patent?” In other words, clients are asking about the average allowance rate – which is the rate that an application gets allowed vs. goes abandoned. The simple answer is this: The allowance rate of an average patent application is slightly greater than 70%. However, with Lambert Shortell & Connaughton, our allowance rate is drastically better – at 93.3%. Our clients have a much greater than average chance of obtaining a patent.
Getting a patent is no easy task. The patent process involves an initial rejection by the US Patent and Trademark Office (“USPTO”) in almost all cases. Overcome these rejections, and the patent will issue. Fail to do so, and the patent application goes abandoned. Great patent attorneys are able to effectively navigate these rejections for clients to receive high quality patents. The simplest way to identify success in obtaining patents is to look at the allowance rate. On average, according to the USPTO, just over 70% of patent applications are ever allowed. By contrast, for our clients who do not abandon their applications for business reasons, we have an allowance rate of 93.3%. At Lambert Shortell & Connaughton, we have a long history of success that is far better than the national average.
Our firm’s high allowance rate is due to a combination of two factors. First, it reflects the high level of innovation from our clients to provide the basis for strong patent applications. Second, it reflects the experience and skill of our attorneys who know how to effectively address and respond to rejections from the USPTO. Our team of registered patent attorneys take the time to understand the unique nuances of our clients’ intellectual property, leading to quality patent applications, and quality issued patents. We are proud of our allowance rate because it shows that the hard work of our clients and our attorneys is paying off.