Track One Program of USPTO


Track One: I recently extolled the virtues of paying an added fee at filing of your application in order to be placed on the UPSTO “Track One” Program for expedited review.  See my article “Priority Review, Move to the Front of the Line”.

I reviewed the file wrapper history of a patent case filed on October 12, 2012 and placed on the USPTO Track One Program.  Unfortunately, the patent was not issued until February 7, 2018.  In fairness, the second (final) office action was issued June 13, 2013.  This brought the application into compliance to the Track One program, i.e., issuance of a final office action within 12 months of filing.  However the prosecution history continued onto for nearly an additional 5 years.

Therefore I think it necessary to advise that paying the additional $1,000.00 or $2,000.00 filing fee does not mean you will have achieved a patent in 12 months.  In this case there were approximately 6 office actions, including a notice of allowance of patent that was subsequently withdrawn.  See the history of US Patent 9,904,768.

© David McEwing 2020