Get Your U.S. Patents Issued Faster: Track One and Other Tactics

What you need to know:

• The traditional patent process often takes two to four years, which can be an unsustainable delay in today’s competitive marketplace.
• The USPTO’s Track One program can cut the average wait time from years to months.
• In addition, the streamlined process for Track One applications can lower the cost of procuring a patent by 10 percent or more.

A strong IP portfolio can make the difference between a good company and a great company. In early 2012, just months after Nest launched its first product—a sleek, Wi-Fi-enabled “learning” thermostat—an industry behemoth sued Nest with a patent lawsuit. Honeywell, a long-established holder of a portfolio of patents, alleged patent infringement and sought, Nest leaders countered, to litigate the fledgling competitor out of business. Nest fought back in court and via patents; by 2013, its CEO said the company had 100 patents granted, 200 filed, and 200 more ready to file. The company also had negotiated a deal with a patent aggregator for further intellectual property protection. The shields held out, and Nest continued to gain market share. By early 2014, Google had acquired Nest for $3.2 billion in cash, enticed in part by Nest’s substantial, valuable IP, an analyst wrote at the time. Whether for protection, increased market share, or to secure investment, patents provide tremendous value to companies — particularly in the cutthroat tech world. Yet the typical wait time to secure a patent exceeds two years, according to the U.S. Patent and Trademark Office. Two years can seem like an eternity for a young company seeking IP protection. Fortunately, innovators can out-maneuver the traditional system with a handful of strategies, Track One chief among them.

Track One: How It Works

This first strategy applies broadly and has tremendous speed — and potentially even cost — benefits. The USPTO’s Track One Prioritized Examination can yield a final decision much faster; according to its website, final dispositions are done within about a year, cutting the average wait time by more than half. It means special status with fewer requirements. A cursory glance at Track One filing might be intimidating due to the government fees. For example, for a small company (less than 500 employees), a request for Track One Prioritized Examination costs $2,400. By comparison, filing fees for a regular patent application are less than a third ($664). The most up-to-date fee schedule is available on the USPTO website. However, the Track One option is typically faster and more cost-effective than a typical patent application. In the experience of AEON Law patent attorneys, Track One cases are routed to senior patent examiners, who expedite the patent prosecution more efficiently. As a result, the total cost of securing a patent, including government fees, tends to be roughly 10 percent cheaper than a regular nonprovisional patent application. In our experience, Track One is the fastest, cheapest way to secure a patent for clients with allocated budgets.

Other Options to Consider

Making an Application “Special”

Sometimes, patent hopefuls can capitalize on individual circumstances to speed up applications. Typically, no additional fee is required to petition for special circumstances. Criteria that could yield expedited patent applications could include:

• The applicant’s age or health. If one of the named inventors — who may be necessary to help prosecute the patent application — is in poor health or at least 65 years old, the application potentially could be expedited.
• Relevance to the Climate Change Mitigation Pilot Program. This program accelerates patent examination for innovations intended to address climate change — specifically, to decrease greenhouse gas emissions.
• The First Time Filer Expedited Examination Pilot Program. This program — launched in 2023 and extended through March 11, 2025, or until 1,000 petitions have been granted — aims to boost equity and diversity in innovation by helping inventors who are new to the patent application process. According to the USPTO, once an application makes it to an examiner’s special docket, an initial action typically happens within 28 days, according to the USPTO. This program is restricted to micro entities based on gross income. As of June 11, 2024, 209 such applications had been granted.

Patent Prosecution Highway

The Patent Prosecution Highway (PPH) strategy involves some initial gymnastics but can yield effective results in the right situations. First, some background. The USPTO has bilateral agreements with certain other jurisdictions, including the World Intellectual Property Organization. These agreements basically mean that if a patent has been examined and deemed allowable by one of these other countries or regional authorities, a corresponding U.S. patent application can have its prosecution reduced under the Patent Prosecution Highway. Some of these PPH countries have reputations for relatively fast patent processing. This strategy may be worthwhile if a company is interested in operating in a certain country, even if in the distant future. Choosing to file in that country early can speed up patent applications in any location with which that patent office has relationships. It’s worth noting that with this type of reciprocal application, the U.S. patent must limit itself to the claims that were allowable in that other country. Before embarking on this strategy, be sure to consult an experienced patent attorney to investigate. These relationships are country-dependent and constantly updated.

Real-World Stakes

Speeding up the patent issuance process not only secures intellectual property rights sooner but also provides a competitive edge in rapidly evolving markets. By adopting tactics such as these, inventors can navigate the complexities of patent filings more efficiently— and with better outcomes and stronger protections. Studies have shown that firms lacking patent protection have a hard time surviving. Conversely, holding patents correlates strongly with long-term success and the ability to raise funds. However, the patent process is complex. Navigating it effectively requires a strategic approach and up-to-date knowledge of both domestic and international patent systems. But knowledge isn’t enough — valuable patent attorneys grasp the role patents play in a specific company’s business context. Such perspective yields both strategic and practical advice, and it can be the difference maker, with upfront costs yielding long-term dividends. At AEON Law, we have used the above-mentioned strategies to secure patents in as few as three months. Our team of experienced IP attorneys helps clients leverage strategies such as these to fast-track patent applications and navigate this complex landscape as valued partners. As in the case of Nest, moving quickly to obtain robust patent protections can prove lucrative — and could be a matter of life or death for a young company. Adam Philipp is the founder of AEON Law, an intellectual property boutique in Seattle. He may be reached at adam@aeonlaw.com.