How to speed up the process for faster grant of patent
Fast Track grant of patent in US by Accelerated examination: A request for prioritized examination currently costs $840 for a micro-entity, $1,680 for a small entity, and $4,200 for a large entity
Table of Contents
- How to speed up the process for faster grant of patent
- Track One Prioritized Examination
- Faster examination and grant of US Patent : Track One Prioritized Examination at the USPTO
- Track One Prioritized Examination
- Accelerate the patent examination process
- Prioritized Examination
- Accelerated Examination
- Patent Prosecution Highway (PPH) – Fast Track Examination of Applications
- Petition to make special
- Faster grant of US patent : First-Time Filer Expedited Examination Pilot Program
In general, it takes from 2 to 3 years to have a patent granted. There are many strategies and ways to speed up this process and get a patent granted in less time.
Some approches are paid or direct ways like opting for
- Track One Prioritized Examination
- Accelerated Examination
- Patent Prosecution Highway (PPH)
- Expedited Examination
on the other hand, some of the indirect ways that can help you get faster grant of patent are :
- Being ready with appropriate information about the invention really reduces time from the ideation stage of the invention to filing of the patent, our guideline on how to go from Idea to invention disclosure and to granted patent.
- Providing clear and consize invention disclosure specifically mentioning novel and non-obvious part of invention (if possible) will save a lot of time and reduce frequency of communication with Patent practitioner.
- drafting the first claim in the meeting with a patent agent or attorney which helps in creating rest of the patent application in quicker time. Saving a lot of emails and meetings for the same outcome.
- Review the patent draft (patent application) in quicker time before filing in to USPTO
- You may also contact patent examiner for status of the patent application (status request)
- You may choose to go for First Action Interview Program and talk to the examiner before the examiner issues a first communication; having direct communication with the examiner to help speed up the process and you may get early allowance of an application.
- and last but not least, a well drafted patent application with well written claims have better chance to proceed to grant of patent in much lesser time.
Track One Prioritized Examination
Track One is a prioritized type of patent application. In track one, the time to get granted patent in US is reduced to 6 to 12 months.
Faster examination and grant of US Patent : Track One Prioritized Examination at the USPTO
Objective:
This guide is designed for inventors and applicants who wish to expedite the examination and grant of their patent applications through the Track One Prioritized Examination process at the United States Patent and Trademark Office (USPTO). By opting for this process, applicants can significantly reduce the time to patent issuance, potentially achieving a final disposition well within 12 months of filing.
1. Understanding Track One Prioritized Examination
What is Track One Prioritized Examination?
Track One Prioritized Examination is a fast-track option offered by the USPTO that allows applicants to accelerate the examination process of their patent applications. The goal is to provide a final disposition (which could be a Notice of Allowance, a final rejection, or abandonment) within 12 months from the filing date.
for more details please check : Track One Prioritized Examination
2. Fee Structure and Costs
The fees for Track One Prioritized Examination vary depending on the size of the entity (Large Entity, Small Entity, or Micro Entity). Below is a table outlining the relevant fees:
Table 1: Track One Prioritized Examination Fees
| Fee Description | Fee Code | Large Entity | Small Entity | Micro Entity |
|---|---|---|---|---|
| Track One Prioritized Examination Fee | 1817/2817/3817 | $4,200.00 | $1,680.00 | $840.00 |
| Processing Fee | 1830/2830/3830 | $140.00 | $70.00 | $35.00 |
| Publication Fee (currently waived) | 1504 | $0.00 | $0.00 | $0.00 |
Track One Prioritized Examination
Track One is a prioritized type of patent application. In track one, the time to get granted patent in US is reduced to 6 to 12 months. A request for prioritized examination currently costs $840 for a micro-entity, $1,680 for a small entity, and $4,200 for a large entity. a maximum of 10,000 requests will be granted per fiscal year.
There are some limitations for track one like :
- No more than four independent claims
- No multiple dependent claims
- No more than 30 claims
Below is the list of documents required for Track One Prioritized Examination :
- Request for Track One petition submitted on the day of filing of the patent application.
- Patent specification, drawings, claims
- Inventors oath and application data sheet;
- Prioritized examination fees; and
- Processing fee.
Accelerate the patent examination process
To accelerate the patent examination process, USPTO offers the provision of speeding up the patent examination process as follows :
- Prioritized examination
- Accelerated examination
- First action interview pilot program
- Patent prosecution highway
- Petition to make special
Prioritized Examination
when you opt for prioritized examination the patent application would be given a special status during the examination and it is tried to be disposed of within 12 months.
Accelerated Examination
Under one of these procedures, the USPTO will advance an application out of turn for examination if the applicant files a grantable petition to make special under the accelerated examination program.
Patent Prosecution Highway (PPH) – Fast Track Examination of Applications
Under PPH, participating patent offices have agreed that when an applicant receives a final ruling from a first patent office that at least one claim is allowed, the applicant may request fast track examination of the corresponding claim(s) in a corresponding patent application that is pending in a second patent office.
Petition to make special
In United States patent law, a petition to make special (PTMS) is a formal request submitted to the United States Patent and Trademark Office (USPTO) asking that a patent application be examined ahead of the other pending applications in the same technological art.
“Track One” program provides an accelerated examination to anyone who pays the fee and completes the few requirements. The fee is $4000 for large entities, but only $2000 for small entities (those entities with less than 500 employees). Under Track One, the USPTO guarantees the examination and issuance of a patent within one year.
Faster grant of US patent : First-Time Filer Expedited Examination Pilot Program
Introduction
The First-Time Filer Expedited Examination Pilot Program is an initiative by the U.S. Patent and Trademark Office (USPTO) in collaboration with the Council for Inclusive Innovation (CI2). The program is tailored to enhance accessibility to the patent system for inventors who are new to the patent application process, particularly those from historically underserved regions and economic backgrounds. This program accelerates the examination of patent applications, enabling inventors to bring their innovations to market more swiftly.
Objective
The primary goal of this program is to reduce the wait time for the first Office action on a patent application, which is the written notice from an examiner detailing findings such as rejections or restrictions. By expediting this process, the program aims to remove time-related barriers and promote greater participation in the patent system by inventors who may face challenges due to geographic or economic constraints.
Eligibility Criteria
To participate in the First-Time Filer Expedited Examination Pilot Program, inventors and applicants must meet the following criteria:
- First-Time Filer Requirement: The program is exclusively for inventors who have never been named as an inventor in a U.S. nonprovisional patent application. If you have been listed as an inventor in a U.S. design patent application, you are not eligible.
- Micro Entity Status: Applicants must qualify for micro entity status under the gross income basis requirement. This status is typically granted to inventors with limited financial resources, making the patenting process more affordable.
- No Petition Fee: The petition fee under 37 CFR 1.17(h) is waived for this program. However, applicants are still responsible for all other standard application fees, including filing, search, and examination fees.
There is No petition Fee for choosing this option for Expedited Examination Pilot Program
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.