Abhilasha Bora
Apr 27, 2011
The âPlay and Pauseâ for USPTOâs âTrack-Oneâ- April, 2011 Update
In the first week of April 2011, the USPTO fused life into the much-awaited system of allowing prioritized and expedited examination of patent applications. On 4th April, 2011, the USPTO announced its plans to begin accepting requests for fast-track or prioritized examination of patent applications from one month of this announcement, i.e. 4th May, 2011. This was to take effect with the aid of the USPTO’s program called ‘Track One’ accelerated examination program.
But no-sooner that those dreams could be even reared, leave apart cherished, the Federal Budget, 2011 enacted on 15th April 2011 put a severe blow on the said pre-mature Program. The USPTO currently expects to receive about $2.19 billion from fee collections for Fiscal Year 2011, but the most recent federal budget compromise (H.R. 1473, the Full-Year Continuing Appropriations Act, 2011) would strip approximately $100 million from the fees collected by USPTO and divert that money to other federal programs. It would, thus, limit the USPTO’s spending to $2.09 billion. The surplus of $100 million would be utilized to pay for other govt. expenses. The Federeal Govt.’s move has not only shattered the USPTO reform spree but has also invited much criticism especially for the reason that the USPTO is funded by applicant-fees rather than taxes imposed on public. In the wake of this, the USPTO is also taking the following steps to reduce spending[1]:
- Track One of the Three-Track program, which offers expedited patent examination and was scheduled to go into effect on May 4, 2011, is postponed;
- The opening of the planned Nationwide Workforce satellite office in Detroit, as well as consideration of other possible satellite office locations, is postponed;
- Hiring—both for new positions and backfills—is frozen;
- IT projects will be scaled back;
- Funding for Patent Cooperation Treaty (PCT) outsourcing will be substantially reduced;
- Employee training will be reduced;
- All overtime is suspended.
- prioritized examination vide ‘Track One’;
- traditional examination under the current procedures through Track Two; and
- for non-continuing applications first filed with the USPTO, an applicant-controlled delay for up to 30 months prior to docketing for examination under Track Three.
- increased resources in Track I would result in increased output;
- reuse of search and examination work done by other offices would result in greater efficiency;
- applicants who chose Track III because their applications were of questionable value might ultimately not pursue their application examination;
- applicants with applications first filed abroad might ultimately not pursue their application examination.
- Fee Setting Authority:The USPTO would be given authority to adjust its fees in a way that “in the aggregate” recover the estimated costs of its activities.
- Fee diversion:Provides a special USPTO Public Enterprise Fund from paid-in user fees, ending fee diversion from the Office.
[2] Now postponed indefinitely