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IP Strategy – Accelerating Examination Without a Particular Reason - Track One

As previously mentioned, expediting a patent application through the USPTO is increasingly desirable for companies seeking to strengthen & grow their patent portfolio.


Track One Prioritized Examination is another route that IP owners can take when seeking to shorten the pendency from the time an application is filed to when a final decision is made. The aim of the USPTO is to provide a final disposition within 12 months of Track One status being granted. Currently, this programme is, on average, producing final dispositions within 6 months.


The number of Track One applications granted by the USPTO in any fiscal year has been increased from 10,000 to 12,000. Given that there were 12,589 applications for Track One filed last year (on average around 1049 a month), you can see the importance of filing earlier in the fiscal year.


Requirements


- The specification, claims, drawings and the abstract are required. NO multiple dependent claims are allowed. There can be no more than 30 claims, including a maximum of four independent claims. Should you file with the maximum 30 claims (including 4 independent claims), additional fees will be payable;


- Signed Inventors Declaration(s);


- A completed Application Data Sheet & Transmittal;


- All usual application fees must be paid the same day as filing an application with a Track One request plus the prioritized examination fees and the processing fee.


Should you wish to file Track One, you must submit the Track One Petition on the same day that you file your application, otherwise, the opportunity will be lost for that application. The only way to file the application with Track One after this would be to file a continuation application and pay all Official Fees again, alongside the Track One fees.


Fees as of 2021


The fees applicable depend on your entity size.



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