Track 1 patent filing

Question

What are the pros & cons of filing a patent application under Track 1?

Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

One of the first pros, of course, is expedited examination.
One of the cons is that it is relatively expensive - I believe that the fee is $4800 for a large entity and $2400 for a small entity, and this fee is in addition to the regular filing fees. I believe that you also have to be among the first 10,000 to request Track 1 within a given year - I would assume that is the fiscal year, although it may be the calendar year - once the requested number of Track 1 applications has reached 10,000, the program is effectively terminated for that year.

34479e6a58
Patent Attorney

Hi,

I like Track one filings. The last one I did, I received a final within a year. That is very quick compared to the average 3 years to get the first Office Action. One downside is cost: around $2000 extra. The timing issue is a con/pro depending on your goals. If you need a patent quickly, then it is a pro. For example, you're a startup and want to attract investors. If you need more time then it is a con. For example, you are a troll and want to sit back and let a market develop first.

Hope this helps!
Mary

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