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CLIENT ALERT — New Rules on Accelerated Examinations

The U.S. Patent & Trademark Office (PTO) has changed its program for the accelerated examination of patent applications. The changes become effective August 25, 2006 and apply to applications filed on or after that date.

In summary, the new procedures aim to shorten the timeline for the examination process, though the requirements for accelerated examination have become more involved.

The new accelerated examination program establishes a goal for final disposition within 12 months of the filing date of the application. The final disposition may be an allowance or a final rejection.

Key requirements

• A pre-examination search must be conducted.
• The search results and an explanation of why the claims are patentable over the prior art must be submitted to the PTO when filing the application.
• The application must be directed to a single invention and be limited to no more than 20 total claims and 3 independent claims.
• The applicant must agree to participate in an examiner interview to discuss any potential rejections or objections.

Additional requirements must also be met. All of this can add cost to the process. The new requirements also present legal risks which must be carefully considered prior to seeking accelerated examination.

Where can I get more information?

Further information may be found on the Federal Register notice at http://www.uspto.gov/web/offices/com/sol/notices/71fr36323.pdf