Bloomberg BNA’s Patent Trademark & Copyright Law Daily™is the IP industry’s premier news service, offering objective, timely,and reliable daily news coverage and commentary from leading IP law...
By Joseph Marks
Aug. 15 — The U.S. Patent and Trademark Office may cancel a fast-track option for patent reviews known as “accelerated examination,” according to a Federal Register notice by the agency that will be published Aug. 16.
The program, launched in 2006, has fallen out of favor since a separate fast-track option called “Track One” was established in 2011, according to the notice. Fewer than 200 applicants requested accelerated examination in 2015, the PTO said.
The agency plans to publish a request for comment in the Federal Register asking whether it’s worth retaining the accelerated examination program given Track One’s greater popularity, according to the notice, which primarily describes updating the program’s governing language to reflect patent law changes since 2006.
Patent seekers can request accelerated examinations for a variety of reasons, including if the invention is in a particularly vital area for society, such as cancer research, or if the inventor is older than 65 or might become too ill to participate in a review process with a standard wait time. Applicants seeking accelerated examination must complete a lengthy search of similar patents before applying.
Applicants who are granted accelerated examination are allowed to skip ahead of applications that were filed earlier. Examiners aim to complete their reviews within one year.
Examiners also try to complete Track One expedited reviews in about one year, but those reviews are available to anyone seeking a plant or utility patent who’s willing to pay a fee that ranges between $2,000 and $4,000. Track One applications don't require a search of similar patents.
Nearly 1,300 patent filers sought accelerated examination in 2011, the year Track One was introduced, compared with just 159 in 2015, according to PTO data.
To contact the reporter on this story: Joseph Marks in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Mike Wilczek at email@example.com
The pre-publication Federal Register notice is available at: http://src.bna.com/hJw
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)