A Fast Track for Your Patent Portfolio

New programs have emerged recently that permit companies to accelerate patent prosecution worldwide. As part of the America Invents Act, Congress gave the U.S. Patent and Trademark Office (USPTO) a mandate to create a special fast-track examination program. The goal is disposal of the application within one year, and the program seems to be meeting its objectives.

The PACE program in the European Patent Office allows an applicant to request an expedited search and expedited examination. The EPO aims to produce exam results in three months.

In Canada, an applicant can request that an application be advanced out-of-turn as a matter of right, for a $500 fee. In Japan, processing can be expedited if an applicant is using or selling the invention in Japan. Over 10,000 petitions for accelerated examination are filed in Japan every year.

IP Australia and the U.K. Patent Office both have tracks for expedited examination. The fast track in Australia and the U.K. can lead to a granted patent within 12 months of filing. China recently announced its own prioritized examination program.

With all these programs available, companies can opt for a dual patenting strategy: Obtain specific and rapid protection in key manufacturing and marketing areas, then overlay this with a broader range of protection of later issuing patents.

However, expedited examination is not for everyone. A company may not have the resources to pay upfront costs, translation fees and attorney charges early in prosecution.