IP Update - Accelerated Examination: New Procedures


In response to applicant feedback regarding delays in examination, the U.S. Patent and Trademark Office (USPTO) has established a new procedure for prioritizing examinations of certain applications. On April 4, 2011, the USPTO issued a new, final regulation in the Federal Register titled, “Changes to Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures.”

For an additional fee of $4,000, and if the applicant complies with strict procedural requirements, the USPTO will expedite examination of any utility or plant application filed on or after May 4, 2011, and hopes to provide a final disposition within 12 months of granting prioritized status. “Final disposition” means mailing of a notice of allowance, mailing of a final office action, filing of a notice of appeal by the applicant, declaring an interference, filing of a request for continued examination by the applicant, or abandoning the application. Because the USPTO includes mailing of a final office action in “final disposition,” applicants may wish to enter the program with a very clear understanding of the scope of allowable claims over the prior art and to request an early interview with the Examiner to advance prosecution.

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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