Can you actually reduce the cost of obtaining a patent? The data suggests that we can reduce the cost through a program referred to as the First Action Interview Pilot Program (FAIPP).
Improve your odds of receiving an allowance
As we previously explained, participation in the FAIPP can improve your odds of receiving a patent. Reports from 2018 indicate that applicants have a 94% chance of receiving an allowance when they participate in the FAIPP. As of August 2020, the current allowance rate for 2020 was only 60%. That’s a 34% increase in the chance of securing an allowance!
Improve your odds of receiving a first action allowance
The USPTO provided data indicating that FAIPP applicants have a 29% chance of receiving a first action allowance. To secure a first action allowance, the examiner must determine that your patent application is allowable without having to amend the application. This does not happen often. In fact, it only happens 14% of the time under standard examination. In other words, you are more than twice as likely to receive a first action allowance if you participate in the FAIPP. When you receive a first action allowance, your attorney doesn’t need to respond to an Office Action (OAs). As a result, you pay less legal fees.
Reduce the number of office actions
According to a new study conducted by Juristat, participation in the FAIPP is likely to increase the odds of securing an allowance and reduce the number of OAs that an Applicant must overcome. This study was based on data from 2012 to 2018. Specifically, Juristat’s study found that (1) “[a]pplications enrolled in the program had an average allowance rate of 87.7%, higher than the applications that did not participate (74.7%)” and (2) FAIPP applications experience an “average 0.8 fewer OAs per application than those not in the program, at 0.8 OAs vs. 1.6 OAs. When it comes to more efficient and effective OA responses, the program seems to be working!” Again, less OAs reduces the cost of obtaining a patent.
Expedite the timeframe
Interestingly, Juristat’s data suggests that participation in the program did not result in allowances in a shorter timeframe. While this has not been our experience, Applicants can always reduce the timeframe to an allowance by participating in the USPTO’s Track 1 examination. According to the USPTO’s data, Track 1 applications are receiving a first office action in 2.1 months and reaching final disposition in roughly 6.7 months. In comparison, the standard examination track results in a first office action is 14.9 months and a total pendency of 23.3 months.
In conclusion, Applicants that combine the FAIPP and Track 1 program are likely to increase their odds of receiving a patent in a shorter timeframe with less legal fees. Accordingly, you can reduce the cost of obtaining a patent.