U.S. Patent Accelerants for 2023 

Disclaimer

The following is NOT legal advice and is intended for educational purposes only.

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Accelerated Patent Techniques:

What are they?

US patent applicants can expedite their application process through fast-track options, providing a faster and more efficient path to final disposition compared to standard processing.

Accelerating the patent examination process means bypassing the queue and getting ahead in line.

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1) Patent Prosecution Highway (PPH)

Requirements

At least one allowed claim from foreign country (or WIPO international application).

No USPTO (government) Fees

No USPTO (government) Fees

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Source: www.uspto.gov/patents/basics/international-protection/patent-prosecution-highway-pph-fast-track  

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2) Petition to Make Special Requirements

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A) Inventor’s Health Causing Predicted Unavailability (with Doctor’s Note);

B) Inventors Age (65+); or 

C) Enhance environment, conserve/develop energy resources or counters terrorism.

Note: (A)-(C) require no USPTO petition fees. There are however other ways to petition to make special (e.g., stayed litigation) with petition fees required).

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3) First-Time Filers (Pilot Program)

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Purpose: “lowering time-based barriers for inventors and enabling them to bring their innovations to impact more rapidly.” 

Required:

A) Each inventor's first non provisional application; and

B) Micro-entity certification (small entity & less than $21,2352gross income).

No USPTO (government) Fees

Limits: Ends March 11, 2024, or when 1,000 petitions granted

Source: www.uspto.gov/initiatives/first-time-filer-expedited-examination-program

No USPTO (government) Fees

Limits: Ends March 11, 2024, or when 1,000 petitions granted

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Source: www.uspto.gov/initiatives/first-time-filer-expedited-examination-program

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4) Track One

Eligibility Criteria:  Everyone is eligible (even RCEs) 

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USPTO Fees for Track One: 

1.  $4,200 for undiscounted;
2.  $1,680 for small entity; and
3.  $840 micro entity.

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Average Track One Pendency From Petition Grant to Final Disposition

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Source: www.uspto.gov/patents/apply/petitions/25-prioritized-examination-track-one

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5) Accelerated Examination

Eligibility Criteria:  

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• Must have a Statement of Pre-examination Search; and
• Must have Examination Support Document.

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This approach may be seen as undesirable because Applicant must take a position on the allegedly novel and nonobvious claim features.

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Source: www.uspto.gov/patents/initiatives/accelerated-examination

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6)Patents for Humanity: Green Energy

USPTO awards competition.

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Win: transferable acceleration certificate to expedite select USPTO proceedings, as well as public recognition, including awards ceremony. 

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Requirements: 

1. Tech (in U.S. Patent or Patent App.), addresses green energy, e.g., wind, solar, green hydrogen, hydropower, geothermal or biofuels. 

2. meaningful actions to make available [or data about potential impact] to the marketplace. 

3. deployment benefits environment by making energy renewable, sustainable, cleaner, or greener; and 

4. At least one allowed U.S. patent claim required before certificate issued. 

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Deadline: Sept 15, 2023

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Source: https://www.uspto.gov/ip-policy/patents-humanity-green-energy

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7) Climate Change Mitigation 

Requirements: Applications must contain one or more claims toa product or process that mitigates climate change by being designed to:

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A) Remove greenhouse gasses already present in the atmosphere. 

B) Reduce and/or prevent additional greenhouse gas emissions; and/or

C) Monitor, track, and/or verify greenhouse gas emission reductions. 

No government fees required.

Program Ends: June 7, 2027

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Source: https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program

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8) Rocket Docket

*Design Patents Only*

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Eligibility Criteria:  

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A) Expedited Design Examination Fee ($1,600 undiscounted,$640 small entity, $320 micro entity)

B) Pre-examination search; and 

C) An Informations Disclosure Statement (IDS) citing known, relevant prior art.

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U.S. Patent Accelerants for 2023:  

1. PPH (non-US allowance) 
2. Petition to Make Special (Age 65+, Health, etc.) 
3. First-Time Filers Pilot
4. Track One ($$$) 
5. Accelerated Examination (Pre-exam Search & Support Document) 
6. Patents for Humanity (Green Energy)
7. Climate Change Mitigation
8. Rocket Docket ($$$ + Pre-Exam Search)

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*All information in this post was sourced directly from the United States Patent and Trademark Office (USPTO).

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