CALL US: 206.533.3854
CALL US  206.533.3854
AEON Law logo full color transparent
AEON law logo on grey background

Faster, Patent! File! File!

Thanks to The New Law
Funding Is now available
For faster Patents

The America Invents Act (AIA), which became law in September, 2011, finally established funding for the USPTO’s “Track One” prioritized patent examination procedure that had been announced in May of last year.  However, the number of these applications will be limited to 10,000 per fiscal year – at least for the time being.

For eligible patent applications, the USPTO says it will issue final dispositions within 12 months of the filing date.

Applicants can request prioritized examination of an application for a fee of about $5,100 in addition to the regular filing, search, and examination fees.  Small entities get a 50% discount on most government patent fees and micro entities get a 75% discount.

A “small” entity is a business with fewer than 500 employees, or a university or non-profit covered by Section 501(c)(3) of the Internal Revenue Code.

A “micro” entity is an independent investor with a gross income of less than three times the national median household income in the previous calendar year – about $150,000 – who has previously filed no more than four non-provisional patent applications.  A micro entity also includes someone whose primary source of income comes from employment at an institution of higher education, or who has an obligation to assign the invention to such an institution.

To get Track One “special status,” a patent applicant must request the priority examination at the start of the filing process and must comply with certain requirements:

  • File a new original utility or plant non-provisional application on or after September 26, 2011;
  • File an application that is complete at the time of filing;
  • File the application via the PTO’s electronic filing system;
  • File an application with no more than four independent claims and thirty total claims or any multiple dependent claims;
  • Request prioritized examination; and
  • Pay the required fees for requesting prioritized examination at the time of filing.

More information is available here.

Title homage to Faster, Pussycat! Kill! Kill!

Related Articles

Patent Office Updates Eligibility Guidance on AI Inventions

The US Patent and Trademark Office (USPTO) has updated its Subject Matter Eligibility Guidance to address artificial intelligence (AI) and other emerging technologies. This is in response ...
Read More

Federal Circuit Invalidates Remote Gambling Patents

The Federal Circuit has affirmed a federal district court’s dismissal of patent infringement suits involving patents for remote gambling, because it found the subject matter ...
Read More

Federal Circuit Rules on Patent Damages Based on Foreign Conduct

The Federal Circuit has ruled that a US patent-holder plaintiff may be able to recover damages for a defendant’s foreign sales of infringing products if ...
Read More

Let's work together.

Contact us to set up a meeting with an attorney or team member.

Stay Informed

Sign up to receive Patent Poetry—a monthly roundup of key IP issues in our signature haiku format. Four articles (only 68 syllables); zero hassle.

SECTORS

HIGH
TECHNOLOGY

Artificial Intelligence

Blockchain & Cryptocurrency

Computer Technology & Software

Consumer Electronics

Electrical Devices

MECHANICAL
& PRODUCTS​

Cleantech

Mechanical Devices

Consumer & Retail Products

Hardware & Tools

Toys & Games

LIFE SCIENCES
& CHEMISTRY​

Biotechnology

Chemical Compounds

Digital Health

Healthcare Products

Pharmaceuticals

BRANDING
& CREATIVE​

Books & Publications

Brand Creation

Luxury Products

Photography & Video

Product Design

call us  206.533.3854

SERVICES

PROTECT

DEAL

DEFEND