Patent Law Practice Center

USPTO Proposes Three-Track Patent Examination System

On June 4, 2010, the US Patent and Trademark Office (USPTO) published in the Federal Register a detailed call for comments and the announcement of a public meeting to discuss it’s proposed Three-Track patent processing initiative. Federal Register/ Vol.75, No 71/Friday, June 4, 2010/ notes.  The public meeting will take place at the USPTO office on July 20, 2010.

Under the proposed initiative, for applications filed first in the United States, an applicant may: (1) Request prioritized examination (Track I); (2) for non-continuing applications, request  a delay lasting up to 30 months in docketing for examination (Track III); or (3) obtain processing under the current procedure (Track II) by not requesting either (1) or (2).  As for applications filed in the USPTO that are based on a prior foreign-filed application, the proposed process is quite different.

According to  Jack O’Brien, founder of Law Offices of John A. O’Brien P.C. and Practice Center Contributor,  “All applications filed first in the United States can freely participate this three track system.  However, US patent applications based on a prior foreign filed application are delayed.” (more…)