Patent Law Practice Center

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.