Today, the USPTO published a notice updating the accelerated examination program and noting that
the USPTO plans to publish a request for comments to seek public
input on whether there is value in retaining the program. Back in
2006, the USPTO introduced the accelerated examination program to
allow for expedited prosecution if an applicant performed a
pre-examination search and provided various information in an
Accelerated Examination Support Document. The accelerated
examination program predates the AIA and various rule changes, and
this update brings the accelerated examination program up to
date.
The accelerated examination program has had relatively low usage
since the passage of the AIA. One reason applicants tend to avoid
the accelerated examination program is because it requires the
applicant to create an extensive record—a record that could
create issues in later litigation or post-grant trials. For
example, even under the updated requirements, an applicant
