USPTO Proposes Three-Track Patent Examination Process
The USPTO today proposed a three-track patent examination process. Further details will be announced in a notice to be published in the Federal Register tomorrow, but preliminary information is available at the USPTO web site:
- 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.
The USPTO believes that this will reduce pendency of applications.
The USPTO could also become more deferential to foreign patent offices:
For applications filed in the USPTO that are based on a prior foreign-filed application, no action would be taken by the USPTO until the agency receives a copy of the search report, if any, and first office action from the foreign office as well as an appropriate reply to the foreign office action as if the foreign office action was made in the application filed in the USPTO. Following or concurrent with the submission of the foreign office action and reply, the applicant may request prioritized examination or obtain processing under the current procedure. This proposal would increase the efficiency of the examination of these applications by avoiding or reducing duplication of efforts by the office of first filing and the USPTO.
The comment period will end on August 20, 2010, and a final rule will likely be promulgated by the end of the year.
I suspect that most applicants will be in favor of these rules, though some individual inventors may be concerned that corporations willing to pay additional fees could gain some advantage.
