USPTO Prioritized (Track I) Examination under the America Invents Act

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Effective as of Sept. 26, 2011, the USPTO is accepting requests for prioritized examination that accompany any original utility or plant application filing. The Track I prioritized examination program’s goal is to, on average, reach a final disposition (i.e., final rejection, notice of allowance, RCE filing, notice of appeal filing, etc.) within approximately twelve months of granting Track I status to an eligible original patent application. Original patent applications eligible for Track I prioritized examination include new and continuing applications, such as continuation, divisional, and continuation-in-part applications. Reissue applications, reexamination proceedings, design applications, international applications entering the U.S. national stage under 35 U.S.C. 371, and provisional applications are not eligible for Track I examination at this time. See Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures Under the Leahy-Smith America Invents Act, 76 Fed. Reg. 59050, Sept. 23, 2011.

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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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