In 2010, the United States Patent and Trademark Office (USPTO) proposed the implementation of certain procedures designed to give patent applicants more control over the timing of the examination of original plant and utility patent applications. Specifically, the USPTO proposed a three-track system whereby applicants could request prioritized examination (Track I), request a delay in the docketing of an application (Track III) or obtain processing under the current examination procedure (Track II) by not requesting either Track I or Track III. The USPTO is still considering and revising the Track III delayed procedure. However, the USPTO intends to implement the Track I procedures immediately.
Accordingly, on or after May 4, 2011, a request for prioritized examination may be submitted with any original utility or plant application. A patent application may be granted prioritized examination status upon satisfaction of the following conditions:
The USPTO advises that a prioritized application will be accorded special status and will be placed on the examiner's special docket throughout the course of its prosecution. The goal of the USPTO is to reach a final acceptance or rejection of a prioritized application within 12 months of prioritized status being granted.
If you have any questions about the prioritized, Track I application process or about the application process in general, please contact a Bennett Jones patent agent.