How to Expedite a Patent Application?
Whether you’ve just finished working on your invention or you’re just curious about how to expedite your patent application, you’ve come to the right place. The patent office offers applicants for both utility patents and design patents the ability to expedite their patent applications. We will discuss how to expedite a utility patent application and a design patent application below.
Can You Expedite a Patent Application?
Yes, you can expedite your patent application. The USPTO (United States Patent and Trademark Office) offers applicants for utility patents, design patents, and plant patents the ability to expedite their patent applications. However, utility patent and design patents are expedited differently, we will show you how to expedite your patent application.
How to Expedite a Patent Application?
You can expedite your patent application by filing a request to expedite it. Utility patents and design patents are expedited differently. To expedite a utility patent, you can make a request to use the USPTO’s Track One service. To expedite a design patent application, you can use what’s known as Rocket Docket by filing a request to expedite your design patent application. By expediting your patent application, your application skips the long line of pending patent applications to the front of the line.
To use either of these services, an applicant typically has to make a request to expedite his patent application. For Track One services for regular (nonprovisional) utility patent application, an applicant must request to use Track One and the same goes for Rocket Docket for design patents.
How to Expedite a Utility Patent using Track One?
Track One promises applicants to either grant or deny a utility patent application with 12 months of an applicant being granted Track One status. That said, even though Track One promises to have a final disposition within 12 months, it currently only takes them 6 months to grant or deny a patent application.
So, if you have an invention that you want to patent as quickly as possible, it’s best to request expedited examination under Track One. If your request is granted, you will likely be able to patent your invention within 6 months of being granted Track One status.
That said, Track One isn’t free, an applicant must pay a fee to have his utility patent expedited. For micro-entities, the fee is $1,000, for small entities, it’s $2,000, and large entities have to pay $4,000. This fee must be paid in addition to the normal fees associated with filing a utility patent application.
To get track one, an applicant must file a request for expedited examination. It currently takes the patent office 50 days to accept an individual into its Track One Program.
How to Expedite a Design Patent Using Rocket Docket?
Rocket Docket is used by applicants for design patents to expedite their design patent application. To obtain expedited examination for a design patent application an applicant must file a request for expedited examination in addition to filing a design patent application.
The request for expedited examination can be made at the time an applicant files his design patent application. However, if an applicant decides after filing a design patent application that he wants to expedite, he may later make a request for expedited examination.
If an applicant’s request to have his design patent application expedited is approved, his design patent application skips the line of non-expedited patent applications. The entire process of examining a design patent application is faster by using Rocket Docket.
Like Track One for utility patent applications, Rocket Docket is not free. An applicant has to pay a fee to expedite his design patent application. The fee for micro-entities is $225, small entities pay $450, and large entities must pay $900.
Note: The fee that must be paid is in addition to the normal fees associated with filing a design patent application. If the fees for expediting your patent application are not sent, your application will proceed as a regular design patent application.
How to Speed Up the Process to Patent Your Invention?
- Make sure your patent application is completed properly
When preparing a patent application, you need to make sure that you’ve properly described to the patent examiner how to make your invention, as well as how to use it. If you don’t have experience preparing and filing a patent application, you should hire an attorney to assist you with its preparation and filing. This is so because making even seemingly minor mistakes could get your application rejected, costing you more time and money to fix the mistakes.
- Expedite your patent application by either using Track One or Rocket Docket
If you don’t want to wait for 24+ months to have your utility patent application granted or 18+ months for your design patent, you can use the methods we explained above to expedite the processing of your patent application. Just remember that you’ll need to pay additional fees to expedite your patent application.
- Rush to the patent office to file your patent application
The United States has a first to file system that awards a patent to the first person who files a patent application for an invention and not the first person who invents it. As such, if you have an invention that you want to patent, you should file a patent application as soon as you can.
- Track the status of your patent application
After filing your patent application with the trademark office, your application will be assigned a serial number. You should periodically check the status of your application to see if the patent office needs any additional information or amendments to your patent application. Responding quickly and on time will help the patent examiner process your patent application as quickly as possible.
How Long Do Patent Applications Take Without Being Expedited?
If you do not expedite your patent application, the application process will take much longer. White Track One for utility patents promises a disposition on your patent application within 12 months, it often takes as little as 6 months to get your patent approved.
On the other hand, if you do not expedite a utility patent application, it takes 24 months on average to get your utility patent application approved. So, if you have an invention that you want to patent as quickly as possible, Track one is the best option to speed up your patent application.
If you do not expedite your design patent using Rocket Docket, it currently takes 21 months to get your design patent application approved. So, if you want to patent your design as quickly as possible, you may want to file a petition to expedite your design patent application at the same time you file your design patent application.
Applicants who have filed a request to expedite their design patent application have seen their designs patented in less than 6 months. So, if time is of the essence, expediting your design patent application is the way to go to speed up the patenting process.
Frequently Asked Questions
1) What is a track one patent application
A track one patent application is a patent application that has been expedited using the USPTO’s Track One service. Track One, often referred to as Track 1, is a service that promises to either grant or deny a patent application within 12 months. So, if you have an invention that you want to patent as quickly as possible, track one may the best option for you.
2) How long does a patent take to get approved?
Patent applications that have not been expedited take longer than those that have been expedited. For example, it takes the patent office 24+ months to approve a utility patent application and it takes them 20 months to approve a design patent application that has not been expedited. If you expedite a utility or design patent application, you should expect a disposition on your patent application within as little as 6 months.
3) How do you start the patenting process?
The patenting process is started by performing a prior art search to determine whether anyone has patented the invention that you want to patent. If your patent search turns up an invention that is similar to yours, the patent office will not allow you to patent something that has already been patented or something that has been publicly disclosed.
After you’re finished conducting a prior art search, you need to prepare your patent application and file it with the patent office. At the time you file your patent application, you need to pay the filing fees and associated patenting fees.
Once you’ve filed your patent application, you need to communicate with the patent office and make any required amendments or changes to your patent application. If your invention satisfies the patenting requirement, the patent office will grant your patent application.
4) How to Get a Patent Faster?
As we mentioned previously, you can get a utility patent faster by requesting to use Track One to expedite your utility patent application or your plant patent application. If you want to expedite a design patent application, you can do so by requesting to expedite it using Rocket Docket.