October, 5th, 2021

The USPTO issued an interim rule further expanding the availability of Track One Prioritized Examination. The interim rule increases the annual limit of Track One requests that may be accepted from 12,000 to 15,000. This limit was previously increased from 10,000 to 12,000 in September 2019. The USPTO is working to permit more applications to undergo prioritized examination while timely examining all prioritized applications.

The Track One program aims to have applicants receive a final disposition on their patent application within 12 months. The Track One program offers advantages over the current accelerated examination program, granting applications special status with fewer requirements.

To utilize Track One, an application must be an original non-provisional utility or plant patent applications. This includes continuation, continuation-in-part, and divisional patent applications but not design or reissue applications. The application must have no more than 4 independent claims, 30 total claims, and no multiple dependent claims. Lastly, applicants must pay a prioritized examination fee of $4,000 ($2,000 for small entities and $1,000 for micro entities).

WHIPgroup attorneys have significant experience in Track One Prioritized Examination and have helped prosecute thousands of patents. We are ready and able to help you take advantage of this program.

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