You can increase the speed of the patenting process

Securing a patent is often seen as an accomplishment that follows a long road. The process of successfully registering a US utility patent can often take years and cost thousands of dollars. While this is often the case, there are strategies to speed up the process. In this article we aim to explore strategies that can increase the chance of speed and success of obtaining a utility patent.

If you are seeking assistance with obtaining a utility patent, feel free to contact US patent attorney Ashkon Cyrus to explore if we can help support you in this process. Our firm, Select IP Law Corporation, specializes in filing patent applications for startups and established businesses.

Track One Examination: A Faster Way of Getting Approval

One of the most effective ways to speed up your patent application is through the USPTO’s Track One Prioritized Examination Program. This program is designed to give certain applications priority in the examination process, significantly reducing the wait time.

According to data from the USPTO the probability of securing an allowance with a track one utility path is higher than a regular application. It could be that these patent applications are of higher quality which is why the applicant shows to file it under track one. In any case, a track one request for prioritized examination will speed up the process. The only additional requirements in this case would be additional USPTO fees, currently in the range of an extra $2000, and for the request to be approved based on the available number of slots in the program.

File A Well-Prepared Patent Application

A well-prepared, complete patent application can avoid unnecessary delays. You should be writing clear, concise claims that define your invention without ambiguity. Poorly drafted claims can result in multiple rounds of Office Actions, which delay the process. Small mistakes, such as missing fees or incomplete forms, can also cause delays. No one wants to deal with annoying office actions which waste time. Double-check your submission for accuracy before filing!

Ensure your application discloses enough details to meet the USPTO’s requirements. Insufficient disclosure can result in the application being delayed or rejected.

Obtaining A Favorable Examiner

While this is a factor outside of the narrow confines of the law, it can help to have a patent examiner who is agreeable or willing to spend time explaining their position to you. Patent examiners are human, and the human element is an important aspect that is often overlooked in patent prosecution and examination. Often, examiners might be overwhelmed with busy dockets or difficult timetables, and you don’t want to catch them in a grumpy mood for an interview. There are websites out there which show the different allowance rates of different patent examiners, and they might be useful to check out what examiner is more favorable in the areas that you might be considering. Its always helpful to be polite and courteous and establish a good relationship with your patent examiner.

Be Proactive in The Examination Process

Building a good working relationship with your assigned patent examiner can help move your application forward more quickly. You can request an examiner interview to discuss the case, clarify issues, and address concerns before receiving a formal Office Action. Early interviews can resolve issues faster than waiting for written responses. When you receive an Office Action (which is common), respond promptly and thoroughly to avoid unnecessary delays.

Conclusion

While it can typically take a long time to complete the patent process there are many strategies to speed things up with the USPTO. Investing the time and energy to learn these strategies and use the tools available can significantly reduce the time it takes to get a patent approved. This can allow you to focus on other things such as commercializing your invention or finding partners to go to market. Consulting with a patent attorney can help you in case all of this seems overwhelming.