Los Angeles Track One Patent Examination Attorney

The patent process is often complex, rife with pitfalls, and long. In the US, a utility patent application takes three years to issue on average. Some utility patent applications take even longer. 

For those seeking a faster route to an approved patent application, the United States Patent and Trademark Office (USPTO) offers several options to expedite applications. One of the most commonly used expediting methods is the Track One Patent Examination.

Track One Prioritized Examination Basics

The Track One Patent Examination program guarantees a final disposition of a U.S. utility or plant patent application within twelve months of the date the Track One request is granted. 

In practice, the time from Track One status to disposition is often shorter. For 2023, the USPTO estimates that the average Track One application needed only two months from Track One status to First Office Action and only 5.1 months from Track One status to Final Disposition. 

Applicants can request Track One when they file a utility or plant patent application. The application must contain no more than four independent claims and thirty claims total, with no multiple-dependent claims. 

For applications that meet the above requirements, Track One consideration is available for:

• Completed applications,
• Continuations or continuation-in-part applications,
• Divisional applications, and 
• Requests for Continued Examination (RCEs).

A Track One request connected to an RCE must be filed before an Office Action on the RCE is received. 

Those filing a reissue or reexamination application may not request Track One status. Track One is also not available for US national phase entries, original design patent applications, or provisional applications.

Requirements For Track One

As of September 24, 2021, the USPTO expanded its annual quota of Track One applications from 12,000 to 15,000. The USPTO tracks the number of Track One applications it has handled by month on its Track One Dashboard. As of July 2023, for example, USPTO reported that it had granted 11,296 of the available 15,000 Track One slots. 

To maximize the success of a Track One petition:  

1. File the Track One request on the same day as the application. A Track One request may be added to an application, but doing so requires filing an amended application – with the additional fees an amended application demands. 
2. Make sure specifications, drawings, and claims meet USPTO requirements. Keep claims at or below four independent claims and thirty claims in total. Make sure there are no multiple-dependent claims in the application. If your application has excess claims, cancel the excess claims within one month of the first decision on your Track One request. 
3. Include other required documentation. In 2014, the USPTO eased its requirements to allow for the granting of Track One applications even if the original application lacked an executive inventor’s oath or declaration, as long as a completed application data sheet (ADS) accompanied the application. To prevent rejection, ensure these items accompany the application. 
4. Pay the minimum required fees. Applicants must pay the filing fee, search fee, and examination fee when they file their patent application. Your application may benefit from paying other fees, such as a prioritized examination fee, at this time as well. 

Working with an experienced Los Angeles patent filing attorney can help you ensure you meet these requirements, boosting your chances of a Track One acceptance. 

Applicants for Track One status must be prepared to move quickly when the USPTO requires information or other responses. Prioritized examination under Track One is terminated if:

1. The applicant files any request for an extension of time,
2. The USTPO sends a “final” office action,
3. The applicant requests an RCE,
4. The applicant files an appeal, or
5. The applicant amends the application so that it contains more than four independent or thirty total claims.

Your patent attorney can help you avoid these pitfalls and maintain your Track One status. 

USPTO Fees for Track One Examination and Utility Patent Application as of January 2023

Service	Micro Entity*	Small Entity	Large Entity
Utility Patent Application	$365	$664	$1,820
Petition for Prioritized Examination	$840	$1,680	$4,200
Processing Fee	$30	$56	$140
Total Fee (assuming no excess claim fees)	$1,235	$2,400	$6,160

*See qualification for Micro Entity status here.

Additional Steps to Increase the Speed of Issuance

If Track One status is not an option, the USPTO offers other ways that patent applicants can help expedite the consideration of their applications. Talk to a Los Angeles patent lawyer for more information about the following options:

• Accelerated Examination
• Patent Prosecution Highway (PPH)
• Expedited Examination for Design Patent Applications

Informal methods of hastening the patent process, such as asking an examiner for a status report, may also be effective. Your attorney can help you determine which steps are best suited for your situation. 
The experienced patent attorneys at Cohen IP are dedicated to helping our clients secure the patent protection they need. To learn more, call our office to schedule a consultation or request a quote for your patent application.