Patent Law Updates | New Statutes, Regulations and Rules

December 30, 2011

USPTO Updates Rules for "Track I" Fast-Track Patent

Changes To Implement the Prioritized Examination for Requests for Continued Examination
USPTO No.11-74 , 37 CFR Part 1, Docket No. PTO-P-2011-0070, RIN 0651-AC65, 12/19/2011

USPTO Updates Rules for "Track I" Fast-Track Patent

The United States Patent and Trademark Office (USPTO) has announced a final rule change permitting applicants to request prioritized examination for applications after the filing of a request for continued examination. The changes in this final rule are applicable to any patent application in which a proper request for continued examination has been filed before, on, or after Dec. 19, 2011.

“Our goal is to continually provide patent applicants with a variety of processing options that are more responsive to their real-world needs,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos.

Following passage of the Leahy-Smith America Invents Act in September, the USPTO began accepting requests for prioritized examination of patent applications through the Track I prioritized patent examination program.

Track I, which is part of the USPTO’s Three-Track Program, provides applicants with greater control over when their applications are examined and promote greater efficiency in the patent examination process. Track I allows inventors and businesses, for a fee, to have their patents processed within 12 months.

Under the procedure set forth in this final rule, once the application is accorded special status after the filing of a request for continued examination it will be placed on the examiner’s special docket throughout its entire course of continued prosecution before the examiner until a final disposition is reached in the application.

View a PDF of the rule

Also See:

USPTO to Implement Inventor’s Oath or Declaration Provisions of the Leahy-Smith America Invents Act

U.S. Patent and Trademark Office Seeks Public Input on Proposed Fees

USPTO to Test New Post Final Rejection Option

USPTO Expands Patent Law School Clinic Certification Pilot Program

USPTO Launches Small Business Innovation Research Pilot Program

Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

Samsung Electronics America, Inc.

Cordis Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

Stryker Corp.

Acumed, LLC

Quanta Computer, Inc.

Sanyo North America Corp.

LG Electronics, Inc.

Smith & Nephew, Inc.

Cohesive Technologies, Inc.

Waters Corp.

Swisa, Inc.

Egyptian Goddess, Inc.

Motorola, Inc.

Dror Swisa

Johnson & Johnson, Inc.

Target Corp.

Sears Holding Corp.

Prometheus Laboratories, Inc.

Mayo Collaborative Services d.b.a. Mayo Medical Laboratories

Kohl’s Department Stores, Inc.

K-Mart Corp.

J.C. Penney Company, Inc.

Audiovox Communications Corp.

Glamourmom LLC

McKesson Information Solutions, Inc.

Federated Department Stores

Bridge Medical, Inc.

Elizabeth Lange LLC d.b.a. Liz Lange Maternity

United States Patent and Trademark Office

Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

SmithKline Beecham PLC

HT Window Fashion Corp.

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Scimed Life Systems Inc.

Ortho-McNeil Pharmaceutical, Inc.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Mylan Pharmaceutical, Inc.

Ranbaxy, Inc.

Mylan Laboratories, Inc.

Nokia, Inc.

Teva Pharmaceuticals USA, Inc.

Stryker Sales Corp.

Stryker Orthopaedics

Howmedica Osteonics Corp.

Teva Pharmaceuticals Industries, Ltd.

Abbot Laboratories

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