Previously, we mentioned that the Patent Prosecution Highway (PPH) can facilitate the acceleration of foreign patent authorization, contingent upon the presence of a favorable examination report from an earlier application.

However, if such a report is absent or there is no domestic priority claim, can a direct submission of a U.S. patent application be accelerated?

In the United States, prioritized examination (Track One) is also a highly suitable method for expediting examination.

Based on our experience, U.S. applications expedited through Track One can be concluded within three to four months, with some even receiving patent authorization within two months. The speed of this process remains notably efficient.

Next, we will share some insights on Track One.

PART 1: Track One – A Classic Example of “Paying for Expedited Service”

The principle of Track One is quite simple: when submitting a U.S. application, one can request expedited processing through Track One by paying an expedited fee, thereby gaining access to a VIP examination channel.

In essence, while the PPH is akin to a free lunch, Track One operates on a “pay-for-service” basis.

The standard fee for Track One is as high as $4,200, approximately 26,000 RMB. Once the fee is paid, the examination process is naturally expedited.

The acceleration effects of Track One are highly reliable, with a final examination decision typically issued within 12 months from the application date.

PART 2: Track One: Money Isn’t Everything

While Track One does not require a favorable examination report from the initial examining office, it does have certain limitations. Therefore, even if you have ample financial resources, it is essential to ensure that you meet the conditions set by the USPTO.

For example, Track One mandates that the number of independent claims in the application shall not exceed four, and the total number of claims shall not exceed thirty.

Additionally, it is important to note that the USPTO sets an annual quota for Track One applications, currently capped at 15,000 per year. Prior to applying for Track One, it is crucial to verify whether there are any remaining application slots for the year.

While Track One serves as a viable acceleration option within the U.S. jurisdiction in the absence of PPH eligibility, it is imperative to consider the relatively high costs associated with it. It is advisable to weigh the necessity of expediting a U.S. application and the prospects of grant before making a decision.