Time is often of the essence when it comes to securing patent rights. Fortunately, the United States Patent and Trademark Office (USPTO) offers several programs and strategies to help applicants accelerate the examination of their patent applications. Recently, many USPTO programs for accelerating examination have been terminated, but several programs are still available for applicants.

1. Track One Prioritized Examination

Track One is the USPTO’s flagship program for expedited examination. It promises a final disposition (allowance or final Office Action) within 12 months of filing.

Key Features:

• Requires payment of an additional fee (currently around $4,500 for large entities).
• Requires only a simple one page request form.
• Examination will not begin until all application documents (including inventor’s Oath/Declaration) have been filed.
• Limited to no more than 4 independent claims and 30 total claims.
• Track One terminates upon receipt of a final Office Action or Notice of Allowance, filing a Petition for Extension of Time, amending the application to include more than 30 total claims or more than 4 independent claims, or filing a Request for Continued Examination (RCE).

Best for: Applicants needing rapid protection for commercialization or investment purposes who will timely respond to USPTO Office Actions.

2. Patent Prosecution Highway (PPH)

The PPH allows applicants to leverage a favorable ruling from a foreign patent office (such as a foreign Office Action or International Search Report) to fast-track examination in the U.S.

Key Features:

• If a corresponding application in a participating country receives a positive ruling on at least one claim prior to the start of U.S. examination, you can request accelerated examination at the USPTO.
• No limit on the number of claims
• Requires a claim correspondence table to show that the pending claims correspond with the allowed foreign claims
• No USPTO fee is required.

Best for: Applicants with international filings who already have a favorable examination abroad.

3. Petition to Make Special (Based on Age, Health, Environmental Effects)

Applicants can request special status if:

• The inventor is 65 years or older, or
• The inventor’s health may impair their ability to assist in prosecution, or
• The invention enhances the quality of the environment, contributes to developing or conserving energy resources, or contributes to countering terrorism
• No USPTO fee is required

Best for: Individual inventors with qualifying circumstances.

Conclusion

Accelerating patent examination can be a game-changer for inventors and businesses. Whether you’re seeking early market entry, investor confidence, or competitive advantage, the USPTO offers multiple pathways to speed up the process. By understanding the options and aligning them with your goals, you can navigate the patent system more efficiently and effectively.