Ways to Accelerate Patent Examination Before the USPTO Part 3November 11, 2014

By Jill Link

As discussed in at wopostingslastweek, there are a few options to patent applicants to combat the long pendency, slow processing and delays in examination before the United States Patent and Trademark Office (USPTO). The First Action Interview (FAI) Pilot Program and Track One Prioritized Examination were discussed as options to expedite the pace of patent examination.

The various options and programs that be outlined in this series of blog posts include the following: (1) the First Action Interview Pilot Program (discussed last week); (2) Track One Prioritized Examination (discussed last week); (3) Accelerated Examination; (4) the Patent Prosecution Highway; (5) Petitions to Make Special Based on either Enhancing Environmental Quality, Contributing to the Development or Conservation of Energy Resources, or Contributing to Countering Terrorism; and (6) Petitions to Make Special Based on Applicant’s Health and/or Age.

Accelerated Examination is discussed today.

Accelerated Examination is another option for truly “fast tracking” a patent application from start to finish. Similar to Track One Prioritized Examination, Accelerated Examination provides a patent application with “special status” that advances the application out of turn to more quickly proceed toward a final disposition within 12 months of filing the application (i.e. issuance of a Notice of Allowance or abandonment of the application). Accelerated Examination is a permanent program implemented by the Patent Office and there are no limitations on the number of applications that may be processed under the program.

Accelerated Examination begins with a petition (i.e. a request) made with the initial patent filing requesting the accelerated treatment. Such request must be made with the initial patent filing (or a continuation application filing); the petition cannot be made with a Request for Continued Examination (RCE). The government filing fee for Accelerated Examination is substantially less than the previously discussed Track One program, with a petition fee of $140 (reduced to $70 or $35 for small or micro entities, respectively).

Key components associated with using the Accelerated Examination program are the supporting documents required, including a Pre-Examination Search Document and an Examination Support Document. The Pre-Examination Search Document illustrates that a search was conducted and meets the program requirements (e.g. employs a particular search logic). The Examination Support Document explains why the claimed invention is patentable in light of the prior art identified in the search document. These steps of conducting a search and providing written distinctions of the prior art present the largest hurdles associated with the Accelerated Examination program. Further description of these supporting documents is outlined inUSPTO guidance .

Additional criteria for employing the Accelerated Examination program include: a limitation on claims presented (no more than 3 independent claims and 20 total claims); a requirement that a single invention be disclosed; availability to conduct an Examiner Interview; and a shortened reply time frame of 1 month for responding to Office Actions (with an application abandoning for failure to meet this time frame for response).

Further detail of the requirements for Accelerated Examination is available at the USPTO website .

Patent applicants in need of promptly examined and issued patents may find value in the Accelerated Examination program. However, the decision to utilize Accelerated Examination (or any other program described in these series of postings) should be discussed with your patent attorney.

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