Originally published March 22, 2011
The White House's recent launch of its "Startup
America" initiative formally introduced the flexible
"Three-Track" patent examination program. This program is
intended to give applicants more control over the processing of
their patent applications, while simultaneously providing a more
efficient process for getting innovation to market.
Under the Three-Track program, applicants can choose whether to
request prioritized examination of an original non-provisional
application (Track I), obtain standard processing under the current
procedure (Track II), or request a delay lasting up to 30 months
(Track III). Accordingly, inventions that are closer to being
"market-ready" (e.g., those seeking capital or
accelerated market penetration) might benefit from the "fast
track" option, while more nascent inventions might benefit
from the extended timeframe of Track III.
