Trenam Law IP

In 2011, the USPTO introduced Track One Prioritized Examination, a program designed to accelerate the patent review process for non-provisional utility applications. With average wait times for a first office action on standard applications exceeding 20 months, Track One offers applicants the opportunity to receive a first response within three months, making it ideal for innovators seeking rapid patent protection.

Key Benefits of Track One

  1. Faster Patent Term Start: Since patent term is calculated from the filing date, quicker issuance means a longer effective term to enforce rights or license the invention.
  2. Early Market Advantages: Inventors gain enforceable patent rights sooner, which can be crucial for business negotiations and licensing deals.
  3. Enhanced Foreign Filing Efficiency: With early allowances, Track One applicants can leverage the Patent Prosecution Highway (PPH) to expedite examination in other jurisdictions, reducing costs and delays.
  4. Sustained Inventor Engagement: Inventors are more likely to remain actively involved during the accelerated prosecution timeline, improving collaboration and patent quality.

Eligibility and Requirements

To participate in Track One, applicants must:

  • Submit the certification form PTO/AIA/424 and pay applicable fees at filing.
  • Limit applications to no more than four independent claims, 30 total claims, and no multiple-dependent claims.
  • Avoid requesting extensions of time, as doing so disqualifies the application from Track One​​.

Fee Structure

Effective January 19, 2025, large entities pay $4,515 for prioritized examination, while small entities and micro-entities pay reduced fees of $1,806 and $902, respectively​​. These fees are in addition to the basic filing, search, and examination costs.

Process Overview

  1. Application Submission: Applicants must file the certification form and the complete application, including specifications in DOCX format, via the USPTO’s Patent Center​.
  2. Fee Payment: Track One fees must be paid immediately to avoid dismissal. Payments can be made through USPTO deposit accounts, credit cards, or electronic funds transfer​.
  3. Examiner Timelines: Upon acceptance, patent examiners are required to take action within two to three months. Examiners are limited in the number of Track One cases they can handle simultaneously to ensure timely processing​​.

Why Choose Track One?

Track One is especially advantageous for technologies requiring swift market entry, such as software, pharmaceuticals, or competitive hardware innovations. The expedited timeline ensures applicants receive actionable feedback or an allowance early, aiding critical decisions like foreign filings or market strategies.