Those familiar with prosecuting patent applications before the
U.S. Patent & Trademark Office (PTO) will know that it can take
an inordinate length of time to obtain a patent. Depending on the
nature of the invention, it is not unusual for 3-5 years to pass
before the PTO picks the case up for examination. That delay can
sometimes have a severe impact to the applicant (i.e.,
patent owner) as to the marketability of the invention and the
ultimate value of the patent; especially for software inventions
that can be obsolete within a few years.
The PTO has always offered some technique to expedite the
patenting process. Prior to the Leahy-Smith America Invents Act of
2011 (AIA), an applicant could accelerate examination for a number
of reasons, including: the age (over 65 years of age) or health of
the inventor; that the invention will enhance the environment,
conserve energy resources, or for counter terrorism; prospective
manufacture; or an actual infringement.
