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Track 1 actually saves you money October 14, 2013

Posted by Brian Schar in Patent prosecution, USPTO.

I was leery of Track 1 accelerated examination at first, particularly given the price tag of $4000 ($2000 for a small entity). However, after a couple of years of experience with Track 1, I have become a big fan of the program.

To make Track 1 worthwhile, write a claim set of moderate breadth that avoids the prior art you know about. An appropriately-scoped claim set can receive a first action notice of allowance in as little as 3-4 months, with issue 6-7 months after your filing date. The first action allowance saves the applicant the cost of responding to a final office action, whether via an RCE or appeal. On top of that, early issue makes the Patent Prosecution Highway much more efficient. When you save money on foreign prosecution, that really adds up.

Especially for small entities, the fee for entering Track 1 accelerated prosecution will pay for itself.


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