A few years ago the USPTO merged our clients’ desire for faster prosecution with the USPTO’s desire for currency to create the TrackOne Prioritized Examination program. Since then, we at Brooks Acordia have had great success in getting our clients’ applications prepared, filed, prosecuted, and issued within twelve months. Under the program, the USPTO promises a final disposition—a Final Office action or Notice of Allowance—within about twelve months for an additional fee ranging from $1,035 for a micro-entity to $4,140 for a large entity.
While TrackOne is becoming increasingly popular, there is another option for faster prosecution: Accelerated Examination. There are a few caveats to consider, however. As with the Track One program, the goal of the Accelerated Examination program is final disposition within twelve months. Unlike TrackOne, the additional fee for the Accelerated Examination program only ranges from $35 for a micro-entity to $140 for a large entity. Sound too good to be true?
Caveat one: a pre-examination search document and accelerated examination support document are required on filing. These documents may be thought of as reverse Office action, where the Applicant provides the prior art and then argues as to why the invention is patentable over this prior art.
Caveat two: any Non-Final Office action has a one (1) month shortened statutory period for response. The response time is two months shorter than for a TrackOne, but you can always get an extension of time, right?
Caveat three: extensions of time do not apply in the Accelerated Examination program, and if a response is not filed within one month, the Application is abandoned. Even though the response is quick, the Applicant can still look forward to longer responses after a Request for Continued Examination, right?
Caveat four: the only way to exit the Accelerated Examination program is through abandonment or allowance, even filing an RCE keeps the Application in the program.
If you’re interested in prioritized patent examination under the TrackOne program, please feel free to contact us with any questions you may have. If you’re interested in prioritized patent examination under the Accelerated Examination program, you may also contact us with any questions you may have. We only ask that you read the above paragraph one more time before doing so.Share
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