Posts Tagged: "Track One"

Prioritized Examination: Why Filing a Track One Application Makes Sense

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. utility or plant patent that would be otherwise unattainable. For those wishing to obtain a patent quickly, prioritized examination is the answer—perhaps the only answer. Prioritized examination gives an application special status enjoyed throughout the life of the application in exchange for the payment of an additional fee due at the time of filing. This payment for special treatment as a prioritized application moves the application to the front of the examination line, regardless of whether the application is an originally filed nonprovisional patent application, a continuation application, a continuation-in-part, a divisional application or even a request for continue examination (RCE). The additional fee puts the application on fast track, guaranteeing a final decision from an examiner within one year, typically within six months or less.

Patent Strategy: 6 strategies for obtaining a patent quickly

Patents confer rights and when you have rights you have an asset that can be sold or licensed. But you will have an asset that can in some circumstances be sold or licensed even before you actually obtain a patent. Increasingly more and more companies are looking for outside ideas and inventors can and do strike deals before a patent is issued. It is true, however, that the further you are down the path toward a final solution being real the more valuable your invention will be. With this in mind, there may be instances where getting some patent protection quickly could be beneficial. This article discusses several strategies for more quickly obtaining a patent.

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must act to correct this damage and fix the patent system… The PTAB must be eliminated because no matter what changes are made to the rules it is difficult to see how this Board could ever be reigned in after starting and existing for the purpose of killing patents. Just changing the rules will not fix its systemic problems nor create a fairer process for patent owners.

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.

USPTO considering an end to accelerated examination

The Patent Office recently announced changes to the accelerated examination program, and hinted that they would soon publish another notice soliciting public comments with respect to whether the program should be kept in place. Accelerated examination is a different process than prioritized examination, or Track One examination, which became effective as of September 2011. The Patent Office is not suggesting an end to prioritized examination.