Priority Examination Available at USPTO Starting May 4

UPDATE 2:  Prioritized examination is available as of September 26, 2011.

UPDATE:  The PTO has postponed indefinitely the start date of prioritized examination because of budgetary reasons.  (Press release) It apparently intends to go forward with the program once adequate resources are available.

PTO’s final rules on “Track 1” or prioritized examination were posted yesterday. PTO’s goal is to complete such examination within 12 months, excluding appeals and RCEs.  Key points:

• The request for prioritized examination  must be filed at the time the application is filed.
• Prioritized examination available only for applications filed on or after May 4, 2011.  If prioritization is desired for an existing application, it will have to be refiled as a continuation application after this date.
• The application must be filed as a non-provisional application pursuant to 35 U.S.C. §111(a). However, reissue and design applications are specifically excluded. National phase PCT applications do not qualify.
• The application as filed must be “complete,” meaning that, in addition to having a specification, a claim, and any necessary drawings, the inventor declaration must have been filed, and the prescribed filing, search and examination fees, any excess claim fee, and any application size fee have been paid.
• The application must be filed using the PTO’s electronic filing system if it is an application for a utility, as opposed to a plant, patent.
• The cost for prioritizing an application is  $4000.  This must be paid at the time of filing of the application, along with a $13o processing fee, and the $300 publication fee that would otherwise have been due only after the notice of allowance.
• The application cannot have more than 4 independent claims, more than 30 total claims, or multiple independent claims at anytime. If the application is later amended in violation of these conditions, the PTO will no longer prioritize examination.
• Any extension of time taken by the applicant will result in the loss of prioritization.