Track One (Prioritized Examination) | Accelerated Examination | Expedited Examination (Design Applications Only) | Patent Prosecution Highway (PPH) | Ombudsman Program | |
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Description | The goal is to provide a final disposition within twelve months, on average, of prioritized status being granted. Learn about Track One statistics. | Accelerated examination provides applicant the opportunity to have final disposition of an application in 12 months. Learn about Accelerated Examination statistics | The goal of this program is to provide expedited examination of a Design application (Benefit?) | An applicant receiving a ruling from the Office of Earlier Examination (OEE) that at least one claim in an application filed in the OEE is patentable may request that the Office of Later Examination (OLE) fast-track examination of the corresponding claims. Learn about PPH Statistics | The Patents Ombudsman Program enhances the USPTO's ability to assist applicants or their representatives with issues that arise during patent application prosecution. |
Program Start Date | 09/2011 (AIA) | 08/2006 | 09/08/2002 | Global/IP5 PPH - 2014 PCT PPH - 2010 Paris PPH - 2006 | 04/2010 |
Currently Active (accepting applications) | Yes | Yes | Yes | Yes | Yes |
Petition / Request | Request | Petition | Request | Global/IP5 PPH - Petition PCT PPH - Request | Request |
Surcharge / Fee | Yes - $4800 / $2400 small entity; $4000/$2000 as of 3/19/13 | Yes - $130 *** | Yes, surcharge: $900, small entity $450, micro-entity $250 | No | No |
Claim Number Limit(s) | Yes - 4 Indep., no more than 30 claims | Yes - 3 Indep., no more than 20 claims | 1 | Global/IP5 PPH - No (may file 3 Indep & no more than 20 claims; or may pay excess claim fees for any additional claims). PCT PPH - No | N/A |
Shortened Prosecution Time | Yes - goal is an average of 12 months to final disposition | Yes - goal is 12 months to final disposition. Non-extendable 1 month response time until final rejection or allowance. | Yes, goal is to act on application within 14 days of grant of request | Global/IP5 PPH - Yes (due to earlier FAOM) PCT PPH - will leverage fast-track patent examination procedures already available at both EPO and USPTO. | N/A |
Special Status | Until final disposition | Until final disposition | Yes, until final disposition | Global/IP5 PPH - Until final disposition PCT PPH - Yes | N/A |
Examination Support Document | No | Yes | No | No | N/A |
Shortened / Non-extendable Response Times | Yes ** | Yes | No | No | N/A |
Interview Required | No | Yes * | No | No | N/A |
Continuation Applications & RCEs Eligible for Program | Yes | Yes (only at the time of filing) | Yes, continuation applications and CPAs | Global/IP5 PPH - Yes (only CONs & DIVS before FAOM, not RCEs) PCT PPH - N/A | Yes |
Duration or Application Limit | 10,000 per year | Unlimited, no expiration | Unlimited, no expiration | Global/IP5 PPH - Unlimited, Indefinite PCT PPH - Indefinite | Unlimited, no expiration |
Status of Program | Pilot | Permanent | Permanent | Global PPH - extended indefinitely IP5 PPH - expires 1/5/2017 PCT PPH - Pilot; Indefinite | Permanent |
* if claims are in condition for allowance no interview is required
** if extension of time is filed, application is out of Track One
*** no fee if statement of claimed subject matter is directed to environmental quality, energy, or countering terrorism