Beware Risks When Expediting USPTO Examination

Law360, New York (February 20, 2013, 12:44 PM EST) -- Right now, the U.S. Patent and Trademark office offers four programs for expediting examination of utility applications: Track 1 prioritized examination, accelerated examination (AE), the Patent Prosecution Highway (PPH), and "petitions to make special" based on an applicant’s age or health. These programs have different requirements and offer different advantages. They also carry different risks and potential penalties. These risks and drawbacks differ significantly and should play a role in any decision to pursue expedited examination.

Track 1, AE, the PPH and "petitions to make special" based on an applicant’s age or health fall under the auspices of 37 C.F.R. § 1.102,...

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