USPTO Issues Final Notice for Track I Fee-Based Prioritized Examination

On September 23, 2011, the USPTO issued a final notice, “Changes to Implement the Prioritized Examination Track (Track 1) of the Enhanced Examination Timing Control Procedures under the Leahy-Smith America Invents Act“.  According to the notice, starting today,September 26th, applicants can seek fee-based prioritized examination under the USPTO’s Track I program.  Courtenay Brinckerhoff, writer of PharmaPatents Blog and Partner at Foley & Lardner, posted an article setting forth details of the program including: applications eligible For Track I Examination, the filing requirements for Track I Examination, the on-going requirements for Track I Examination, the USPTO’s Track I goals and her lingering concerns. Here is an excerpt from her article:

As of September 26, 2011, applicants can seek fee-based prioritized examination under the USPTO’s Track I program. The September 23, 2011 Federal Register Notice sets forth the details of the program, which is largely identical to that previously set to take effect May 4, 2011, although the basic fee is higher. The USPTO decided not to implement the program in May because funding limitations required it to revise its hiring plans, and it did not believe that it could meet the Track I pendency goals with its current resources. While the USPTO’s funding situation has not improved, Track I is being offered now, in accordance with provisions of the Leahy-Smith America Invents Act.

Here is a link to the full article.

 

09.26.11 | Patent Reform, posts, USPTO | Stefanie Levine

Lots of Support at Patent Office Three Track Public Meeting

Written by Gene Quinn (of IPWatchdog.com and Practice Center Contributor)

[Tuesday] the United States Patent and Trademark Office held a public meeting on the so-called Three Track examination proposal, with everyone in agreement that the proposal is quite welcome, at least in principle.  On June 4, 2010, the USPTO published a Notice in the Federal Register setting out the preliminary Three Track proposal and setting Tuesday, July 20, 2010 as a date for the public to come to the Alexandria, Virginia campus to let PTO Officials hear their thoughts.  This public meeting proceeds the due date of written comments by a full month, and many of those who spoke explained they would continue to review the proposal and follow up with additional written comments.  For more information on the specifics of the proposal please see USPTO Announces New Examination Rules.

One thing can be said definitively: everyone thinks it is a good idea, no one has issues with accelerating applications (Track 1) or allowing them to remain on course as today (Track 2), but there were numerous concerns raised about applicants slowing applications down (Track 3).  The good news for the PTO, however, is that speaker after speaker highlighted the same or similar concerns, so it does appear as if there are a finite set of manageable considerations for the PTO to address.  In fact, the senior PTO Officials that I spoke with after the public meeting were extremely pleased and quite grateful.  I was told by one senior PTO Official that the points raised were all good and that the PTO intends to take them into consideration and address the concerns, along with whatever written feedback they receive.  What a refreshing change that will be! (more…)

07.22.10 | Patent Issues, Patent Litigation, Patent Prosecution, Patent Reform, USPTO | Stefanie Levine