Why is it so hard to get a patent?

Before delving into how difficult it is to obtain a useful patent, we must define what we mean by easy. If easy means obtaining a patent without any refusal, then only 11% of applications for useful non-provisional patents are allowed without any refusal, according to this Yale statistical study. Therefore, obtaining a utility patent will not be easy in most cases. It can also be easy to get an independent claim allowed with such a large number of limitations or claim elements that the patent will have little or no value in the commercial world.

Why does it take so long to get a patent? Obtaining a patent can take years because the steps to obtain it take a long time, such as searching for patentability, preparing a patent application and waiting for the patent office to resolve the delay before examining the patent application. However, the process can be expedited by submitting an expedited request. The most common reason why a patent is considered difficult to obtain is because it is too similar to a previous invention. When a new concept is similar to a previous invention, patenting can be very difficult, because patents must be new and not evident in relation to the previous technique.

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