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How long should patent attorneys take for office actions?

Patent Attorneys | Delays in Office Actions Frustrate First-Time Applicants

By

Chloe Leclerc

Oct 8, 2025, 06:15 PM

Edited By

Amina Hassan

Updated

Oct 9, 2025, 06:44 PM

2 minutes needed to read

A concerned client discussing patent office actions with an attorney in an office setting, highlighting communication issues.

A wave of discontent is rising among first-time patent applicants over delays in attorneys communicating Office Actions, with many questioning the wisdom of current billing and communication practices.

Auto Reporting Could Be the Solution

Recent comments from the patent community endorse the idea of firms implementing auto-reporting systems for USPTO correspondence. This change could provide immediate updates to clients after electronic receipt of Office Actions, potentially easing some concerns about delays.

Communication Challenges Persist

A first-time applicant expressed frustration after learning their attorney sat on an Office Action for a month, cutting their response time down to just weeks. "Iโ€™m not happy with his service," they stated, hinting at doubts regarding the attorney's intentions behind the delay. Others echoed this sentiment, suggesting that a prompt communication timeline should ideally be within a week, especially for inexperienced applicants who might need additional guidance.

Transparency and Recommendations

A differing viewpoint emerged regarding attorney-client communication. One attorney remarked that inexperienced clients often benefit from receiving Office Actions along with recommended strategies, rather than as standalone documents. This approach not only clarifies the situation but also prevents confusion. However, it generates debate over whether delays are necessary to ensure clients receive complete information before moving forward.

"We can make these changes that should move this case closer to allowance," one commenter suggested, advocating for keeping clients informed throughout the process while managing expectations.

Impact of Billing Practices

Concerns around rising legal fees continue to loom large. Applicants reveal frustration over hourly billings that can surprise them with unexpected costs. As stated by one attorney, "I don't want unexpected bills," highlighting the need for transparent pricing structures. This financial strain can be particularly challenging for those on tighter budgets.

Key Insights

  • ๐Ÿ•‘ A one-month wait for Office Action is reported frequently, leading to applicant frustration.

  • ๐Ÿ’ธ Many attorneysโ€™ hourly billing practices contribute to unexpected costs and client anxiety.

  • ๐Ÿš€ Larger firms are seen as more efficient in communication compared to smaller practices, which may struggle under their workload.

As the patent landscape shifts, applicants are urged to remain proactive and maintain open dialogue with their legal representatives. Efficiency and transparency are crucial as both inventors and attorneys navigate the complexities of patent applications.