The United States Patent and Trademark Office (USPTO) has issued a proposed rule to implement “Track I” of the 3 track examination program proposed last year.  Track I applications would be accorded special status and placed on a special Examiner docket with the goal of providing a final disposition (e.g., allowance or Final Office Action) within twelve months (the same goal as accelerated examination).  An additional fee of $4,000 is proposed with no small entity fee reduction.  Track I applications are limited to 4 independent claims and 30 total claims under the proposed rule.  Also, the USPTO proposes to cap this program at 10,000 applications per year, subject to further review.

          As current proposed, Track I will provide a good option for individuals wanting faster prosecution.  The $4,000 fee is comparable to what most applicants spend to prepare an application for accelerated examination without the associated risks of documenting an analysis of the prior art before examination.  The accelerated examination and petition to make special programs will remain as currently implemented.

          The USPTO is accepting comments on the proposed rulemaking until March 7, 2011.  Assuming normal regulatory procedures, expect this program to start late 2011.  It will be interesting to see how quickly the 10,000 application cap is reached.  We will keep this blog updated when more information is available.  The entire proposed rulemaking can be found by clicking here.