USPTO Provides Further Guidance on Proposed Three Track Examination Initiative

By Daniel McGeeney and Stan Chalvire

In a Press Release issued on February 2, 2011, the U.S. Patent and Trademark Office (USPTO) announced updates to its proposed “Three Track” examination initiative. This initiative was proposed by the USPTO in June 2010 (75 Fed. Reg. 31763) to provide applicants some control over the timing of the examination of their patent applications. The proposed initiative aims to provide applicants with the type of examination they need and to reduce the overall pendency of patent applications, which presently stands at almost three years.

Patent Attorney Stan ChalvireGenerally, the proposed Three Track examination initiative would allow applicants to: (1) request prioritized examination of a non-continuing application within twelve months of their filing date (Track I); (2) request that an application that does not claim the benefit of a prior-filed foreign application or a prior non-provisional application be placed in an applicant-controlled up to 30 month queue prior to docketing for examination (Track III); or (3) make neither of the Track I or Track III requests and proceed in accordance with the current standard procedure (Track II).

For the full article on this subject, please visit our website.

For more information or to discuss the USPTO’s proposed Three Track examination initiative, as well as other strategies for expediting the examination of your patent application, please contact Daniel McGeeney or Stan Chalvire.

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