Patent Assertion Timing & Characteristics
When do patents get asserted and what do they look like? Data from 9,700 asserted patents reveals age profiles, claim counts, and prosecution signals.
~13 years
Median age at assertion
59%
Asserted patents with ≤20 claims
15%
Asserted patents used Track One
50%
Asserted patents are continuations
When Do Patents Get Asserted?
Data from 9,700 asserted patents reveals that most assertion happens mid-life, most asserted patents do not pay for extra claims, and prosecution history contains subtle signals of future enforcement.
Assertion Happens Mid-Life
The median asserted patent is approximately 13 years from its priority date at the time of assertion. Only about 8% of assertions happen within the first four years, and roughly 32% happen within nine years. The bulk of assertion activity occurs in that mid-life window.
This means patents filed today are most likely to see enforcement in the mid-2030s. Portfolio planning should account for this long horizon.
Most Asserted Patents Do Not Pay for Extra Claims
Despite being more valuable, most asserted patents stay within the standard claim allowance. About 59% of asserted patents have 20 or fewer claims, compared to 82% of controls. While asserted patents are more likely to have extra claims (41% exceed 20, vs 18% of controls), the majority still do not cross the threshold.
Prosecution Signals That Correlate with Assertion
Certain prosecution choices appear more often in asserted patents. Roughly 15% of asserted patents used Track One prioritized examination, compared to just 5% of controls. Notice of Appeal shows a similar pattern—about 7% of asserted patents vs 3% of controls.
These "this one matters" instincts during prosecution tend to align with patents that later get asserted.
Continuations Remain Dominant
Consistent with other data, about 50% of asserted patents are continuations, compared to only 20% of controls.
No Meaningful Differences
Some characteristics show no significant difference between asserted and control patents. Inventor count distributions are similar across both groups. Patent type mix is also nearly identical—roughly 93% utility, 6% design, 1% reissue, and 0.3% plant.
Takeaways
Pay attention to the age profile of your portfolio—will you still have strong assets when the mid-life assertion window hits? If your gut says an application is worth Track One or worth appealing, the data suggests those instincts tend to align with patents that later get asserted.
Explore This Data with ArcPrime
Age Profile Analysis
Map the age distribution of your portfolio against typical assertion timing to identify peak enforcement windows.
Prosecution Signal Detection
Identify patents with Track One, appeal history, and other prosecution signals that correlate with future assertion.
Claim Count Benchmarking
Compare claim counts in your portfolio against asserted and non-asserted patent populations.
Portfolio Lifecycle Planning
Plan maintenance, continuation, and enforcement strategies around the 13-year median assertion window.