• Patent Office Proposes Three Tiers of Patent Processing Tracks

Recognizing that the "traditional one-size-fits-all examination timing may not work for all applicants," the Patent Office has proposed three different patent processing tracks that an applicant may choose. The idea is to provide applicants with greater control over the speed with which their applications are examined. Theoretically, this would also reduce the backlog of pending patent applications. The United States Patent Office's press release concerning this issue can be found by following this link: http://www.uspto.gov/news/pr/2010/10_24.jsp.

Under the proposed initiative, an applicant could choose one of three tracks that the patent application would follow. These are:

• Track I: prioritized examination
• Track II: traditional examination under the current procedures
• Track III: for non-continuing applications first filed in the USPTO, an applicant-controlled delay for up to 30 months prior to docketing for examination.

Under Track I, an applicant for patent would be required to pay a fee set to recover the cost to the agency of maintaining the planned pendency of non-prioritized applications while expediting the examination of the prioritized application. The desired goal of Track I would be to provide an applicant with a first Office action on the merits within four months and a final disposition within twelve months of prioritized status being granted.

There are further considerations for patent applications claiming priority to prior-filed foreign patent applications. The Patent Office is currently seeking public comment on their proposal.

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