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Is Applying for Acceleration Alone Sufficient for Rapid US Patent Grant?

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Is Applying for Acceleration Alone Sufficient for Rapid US Patent Grant?

Securing rapid US patent grant encompasses two key factors: fast prosecution and successful patent issuance.

For speed, US patent applications can be expedited through various methods such as the Patent Prosecution Highway (PPH) or prioritized examination (Track One). However, can expedited examination alone determine the outcome?

When striving for rapid US patent approval, what additional measures can we take beyond applying for acceleration?

Applying for acceleration alone cannot guarantee patent grant. The true determinant of patent grant lies in the patent application documents themselves.

Some patents meander through multiple office actions, slowly reaching grant, while others navigate the process smoothly, achieving approval without a hitch. The apparent ease of some cases often masks the unseen investment and effort behind them.

So, what can we do to quickly secure US patent grant?

A good strategy is paramount.

Part 1: Investing in Drafting Strategies

Applicants can mitigate the risks of entering the US market by conducting thorough research and evaluation of their technical solutions in advance.

For instance, directly submitting a domestic application overseas can pose significant risks. Take the US 101 issue as an example: a certain technology might not face subject matter objections in some countries but could be challenged under Section 101 when filed in the US.

If these issues are not preemptively addressed during the drafting phase, it becomes challenging to persuade the examiner during the response stage. Proactively mitigating these risks in the drafting phase can lead to more favorable responses and reduce the likelihood of rejection.

Part 2: Investing in Response Strategies

When responding to office actions, formulating a strategy based on key points can streamline the process, leading to faster examination.

Additionally, managing response deadlines efficiently and accelerating the response process can further enhance the speed of patent grant.

Conclusion

A good strategy not only tests drafting skills but also requires an accurate assessment of the technical solution and a keen understanding of the examiner’s perspective. Being proactive and ensuring that no step is neglected can make rapid US patent grant a reality.

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