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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