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The U.S. Patent & Trademark Office (USPTO) offers an option that allows patent applicants to accelerate the examination process rather than waiting in the normal backlog of applications. This “pay to go the head of the line” option, called “Track 1,” can be costly but beneficial, since Track 1 applications are statistically much more likely to be allowed either on a first action or after only one office action.

Panitch Schwarze partner Clark A. Jablon recently authored an article in The Legal Intelligencer discussing the USPTO Track 1 patent examination process and analyzing the option from a cost-benefit perspective for large and small entities. He also examines potential explanations for the significantly improved outcomes of a Track 1 application versus a nonprioritized application.

Jablon cites USPTO data which suggests that filing a Track 1 application reduces the likelihood of protracted prosecution and its associated costs. He urges applicants to strongly consider this option when preparing a filing strategy and projected budget for a new application.

Read the full article here: “A Practitioner’s Perspective: USPTO’s Track 1 Prioritized Patent Examination Process” (Subscription may be required.)

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