Resources

Fast Patents

Get A Patent In Less Than A Year!

When it comes to hi tech innovation, timing is everything.

At Carr & Ferrell LLP, we recognize that the pace of the patent application process—which can take anywhere from 2 to 5 years—is often dramatically out of sync with the rapidly evolving high tech sector. This holds especially true within the start-up community, where competition for investor funding is fierce and early confirmation of a secured patent can offer an immediate boost to a company’s asset value.

For some companies, it may make strategic sense to accelerate a patent application. In recent years, the patent office has created a spectrum of fast-track options to suit different time lines and budgets. Our attorneys will work closely with you to fully understand your business goals, and help determine what kind of acceleration process makes the most sense for you.

 

  Accelerated Examination Track One Prioritized Examination Based on Age or Health Standard Application
Time Until Final Disposition (i.e. final rejection or allowance)
  • USPTO guarantees final disposition within 12 months
  • Average time to issue: 11.2 months
  • USPTO stated goal: “On average, one year”
  • Average time to issue:
    20 months
  • 2-5 years
Eligibility
  • Original utility or design
    nonprovisional applications
  • Does not apply to plant applications, international applications, reissue applications, or reexamination proceedings
  • Original utility or plant
    nonprovisional applications
  • Does not apply to international applications, design applications, reissue applications, or reexamination proceedings
  • Age of applicant is 65 years or older

    Or
  • Health of applicant is such that he or she might not be available to assist in the prosecution of the application if it were to run its normal course
  • All patent applications
 Duration
  • Permanent Program
  • Open to first 10,000 applications during the fiscal year 2011
  • Permanent Program
  • Permanent Program
Special Treatment
  • Prioritizes and accelerates the prosecution of the application
  • Prioritizes an application for prosecution
  • Prioritizes an application for prosecution
  •  None
Special Claims Restrictions
  •  3 or fewer independent claims
  • 4 or fewer independent claims and 30 or fewer total claims
  • 3 or fewer independent claims and 20 or fewer total claims
  • None
Filing Documents
  • Complete application
  • Accelerated Examination Support Document (AESD)
  • Pre-examination Support Document
  • Petition to Make Special
  • Information Disclosure Statement
  • No preliminary amendments allowed
  • Complete application
  • Preliminary amendments are allowed
  • Petition to make special under 37 CFR 1.102 entitled “Advancement of Examination"
  • If accelerating based on health, a signed note from a doctor confirming
  •  None
Turn-around Time for Non-final Office Actions
  • 1 Month
  •  3 Months
  •  3 Months
  •  3 Months

Download 4 Ways to Speed Up Your Patent Chart