The Wait for Oral Argument at the Federal Circuit

Patent – Patently-O 2026-11-09

by Dennis Crouch

Parties are now waiting about 19 months from docketing to oral arguments at the Federal Circuit. That is well above the 11 month average in 2021. Decisions still typically follow relatively quickly after arguments, although that time is extended a bit as the court issues fewer R36 judgments without opinion. My data show the wait peaked at about 20 months in 2025 and fallen a bit over the past two years.

Line chart of the median months from docketing to oral argument for Federal Circuit appeals argued in each half-year from mid-2020 to late 2026. The median was about 11 to 12 months through mid-2022, climbed steadily to 20.2 months in the second half of 2025, and eased to 19.3 and then 18.8 months in 2026. A shaded band for the middle half of appeals rises with it.

What I'm finding here is that the added time is the court's delay after briefing until a slot is given on the argument calendar. This means that a fully briefed appeal waits for about one year for its argument - whereas that was only about four months back in 2021.

In my recent post on visiting judges, I noted that the court has brought back judges sitting by designation after more than five years without one on a merits panel. This wait for argument shows why they are needed.

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