Posts Tagged: "Prioritized Patent Examination Program"

Don’t Wait to File a Track One Request if You Think You Might Need It

The Track One program was instituted on September 23, 2011, as part of the America Invents Act. Known officially as the “Prioritized Patent Examination Program,” the USPTO promises a final disposition within 12 months for applicants who participate in the program and who pay the $4,000 fee for the privilege. To be eligible for participation in the program, an application can have no more than four independent claims and 30 dependent claims and no multiple dependent claims. Per USPTO regulations, applicants can request examination under the Track One program either from the date of original filing or with an RCE. We wanted to find out how beneficial the Track One program was for applicants who entered it at the beginning of prosecution versus at the RCE. The Track One program was ripe for study, which we originally started in 2015. This article is an update on our original findings, with a few new surprises thrown in.

Want to Increase Your Chance of Allowance by 19 Percentage Points? That’ll be $4,000

Perhaps the most shocking difference between Track One applications and standard applications is allowance rate. Standard applications have an allowance rate of 70%; however, Track One applications are approved 89% of the time. Put another way, a Track One application is 19 percentage points more likely to receive an allowance than a standard application.