7. How to speed up the process for faster grant of patent

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

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 :

  1. 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.
  2. 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.
  3. 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.
  4. Review the patent draft (patent application) in quicker time before filing in to USPTO
  5. You may also contact patent examiner for status of the patent application (status request)
  6. 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.
  7. 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. 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 

https://www.uspto.gov/patent

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.

Prasad Karhad
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