USPTO Proposes Three Processing Tracks for Patent Applications

The United States Patent and Trademark Office (“USPTO”) recently proposed a “Three-Track” patent application processing system to provide a choice of examination timelines and to reduce application pendency times generally. The proposed three tracks are: (I) Prioritized Examination; (II) Traditional Examination; and (III) Delayed Examination. The prioritized examination would allow applicants to pay a fee to expedite the examination of the application, with a goal of issuing a first Office action on the merits within four months and a final disposition within one year of prioritized status being granted. The traditional examination would continue to follow current timelines and procedures. The delayed examination would allow for an applicant-controlled delay of up to 30 months prior to docketing the application for examination, at which point it would be treated like a traditional examination. The delayed examination would be for non-continuing applications that were first filed in the United States. Applications based on a prior foreign-filed application would receive no action until the USPTO receives a copy of any international search report, a copy of the first office action from the foreign office, and a copy of an appropriate reply to the foreign office action. Written comments related to this proposal must be submitted to the USPTO by August 20, 2010, and a public meeting regarding the same will be held at the USPTO on July 20, 2010 (registration closes on July 16, 2010 at 5 PM).

For additional information about the proposed “Three-Track system, click here.

Maximizing the protection and value of intellectual property assets is often the cornerstone of a business's success and even survival. In this blog, Nutter's Intellectual Property attorneys provide news updates and practical tips in patent portfolio development, IP litigation, trademarks, copyrights, trade secrets and licensing.

Recent Posts

Popular Topics


Back to Page