Please see my blog post on continuation patent applications for more information. If you wish to have your application considered for Track One after the filing date, you may be able to do so by filing a continuation patent application, or a continuation-in-part patent application, with the petition – for all the filing fees again, plus the fees for Track One examination. If you file a normal utility patent application or design patent application, and decide you want to have it considered for Track One status, you must file the petition that same day. the filing, search, and examination fees required for the application (read more at my post on application filing fees) Īll of these required items must be submitted on the same day, or the request will be dismissed.an executed inventor’s oath for each inventor, or a signed application data sheet with name and address for each inventor.

a specification including claim(s), but no multiple-dependent claims, and no more than four independent claims and no more than thirty total claims.To be granted, a petition for faster patent examination via Track One must have: Note that the time periods above start when the petition for faster patent examination via Track One is granted, which usually takes about 2 months, but can be sped up to one month or less for an additional fee (as of this writing, $400, $200, or $100, depending on entity size). You can see the USPTO’s data on time periods for Track One examination here. The total time to a final disposition is averaging about seven months from the grant of the petition, and is about 5.5 months if you receive an allowance. A first Office Action is averaging about two months from the grant of the petition (as opposed to about 16 months for ordinary patent examination). Track One examination is available by petition, and for a fee, in utility patent applications and plant patent applications, though not for design patent applications. The USPTO’s Track One program offers faster patent examination: you should get a final disposition, either an allowance or final rejection, within about twelve months. Even if they reach this goal, Track One examination is still faster. The USPTO says that by sometime in 2019, it plans to speed up the average time it takes them to send a first response to patent applicants, by shortening the pendency period (the time from filing to a first Office Action) from the recent average of 16 months down to 10 months. Both of those pendency times have been decreasing over recent years, and you can view USPTO data at their dashboard. When an applicant files a Request for Continued Examination, or RCE (which allows an applicant to file claim amendments and arguments after a final rejection), the total time that a utility patent application is pending averages about 33 months. Ordinarily, it takes about 26 months to get a utility patent application to a final disposition – either the patent is allowed, or the patent application receives a final rejection (at which point the applicant can abandon the application or can continue trying to have a patent granted).

Filing your patent application with Track One status is one way to speed up prosecution of your patent application.

For some applications, you’re going to want the USPTO to act faster. Typically, it takes two to three years, or more, to have a patent application allowed, or to receive a final rejection from the USPTO. The ordinary course of patent examination is slow.

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