PTO Issues Final Rule to Implement Prioritized Examination Track (Track I)

 

In response to the prolonged prosecution times currently experienced in the patent application process, the United States Patent and Trademark Office announced on April 4, 2011, a final rule to implement prioritized examination of patent applications. The process requires in short a petition for priority examination, along with the payment of a $4,000 request fee over and above traditional patent application filing fees. See 76 Fed. Reg. 18399.

Under the newly proposed rule, 37 C.F.R. 1.102(e), prioritization would be available only for an original and complete utility or plant nonprovisional application that contained or is amended to contain no more than four independent claims, no more than 30 total claims, and no multiple dependent claims. The goal is to provide a final disposition within twelve months of granting the application prioritized examination status. The effective date of the new rule will be May 4, 2011. Requests for prioritization may be submitted on or after that date.

In its initial offering, the United States Patent and Trademark Office will limit the number of requests for priority examination to a maximum of 10,000 applications. The notice also states the USPTO lacks statutory authority to extend the small entity fee to examination prioritization requests, but points out that such authority is contained in the patent reform legislation passed by the Senate and currently pending in the House .

If you would like to receive additional information about Rule 1.102(e) and Priority Examination, please feel free to contact one or the attorneys at Kane & Co., PLC by calling (616) 726-5905 or by email to info@kaneplc.com.