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ARTICLE · 22 NOVEMBER 2011

Prioritized Examination: Track I, Take 2

As discussed in our March issue, earlier this year the United States Patent and Trademark Office (PTO) published a proposed prioritized examination procedure to allow applicants to speed up patent application prosecution by meeting particular requirements, including paying an additional fee.

United StatesIntellectual Property

As discussed in our March issue, earlier this year the United States Patent and Trademark Office (PTO) published a proposed prioritized examination procedure to allow applicants to speed up patent application prosecution by meeting particular requirements, including paying an additional fee. However, the PTO later delayed the implementation of the "fast track" or Track I procedure because of funding limitations—the PTO could not hire the number of new examiners needed to meet "fast track" pendency goals without impacting the examination of non-prioritized applications. The delay is now over, as the Leahy-Smith America Invents Act (AIA) brought the "fast track" back as of September 26, 2011.

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