Do you have a patent that you need moved along quickly? If so, the United States Patent Office (USPTO) Track One prioritized examination will allow you to get a final disposition within twelve months. This program gives your application special status and fewer requirements than the current accelerated examination program and does not require a pre-examination search.
The number of prioritized examination requests accepted in a fiscal year is 12,000 and the USPTO posts statistics which includes the number of granted prioritized examinations and they post a message on EFS-Web if and when the number of granted requests is close to the limit. Once the limit is reached, the USPTO will turn off the ability to file a request for prioritized examination.
The prioritized examination is available for a fee at the time of filing your utility application. It is not available for provisional applications and is only available to users through EFS-Web and if the user is a registered filer. The USPTO strongly recommends to transmit electronic filings early in the day to allow time for alternative filings that might need to be done. This examination is useful because it provides you with greater control over your application and makes the examination process more efficient. You can also file Prioritized Examination for an existing application in which a Request for Continued Examination has been filed.
It is also strongly recommended that applicants use the USPTO’s certification and request form to request this prioritized examination but it is not required. Failure to use this form could result in the USPTO not recognizing this request or delays in processing the request.
If the request for the prioritized examination is dismissed, only the Track One examination fee will be refunded upon the dismissal.
This examination program grants special status to the application until one of the following occurs: there is a petition of time to extend the time period for filing a reply filed; an amendment is filed to contain more than four independent claims, more than thirty total claims or a multiple dependent claim; applicant files a Request for Continued Examination (you can file a Prioritized Examination if it is filed prior to the mailing of the first Office action after filing the Request for Continued Examination; applicant files a notice of appeal; applicant files a request for suspension of action; a notice of allowance is received; or a final office action is received or the application is abandoned.
Please always use an attorney to help you through the patent process but you can find more information about this using this link: https://www.uspto.gov/patent/initiatives/usptos-prioritized-patent-examination-program.
