Is it possible to increase your utility patent chances of success?
It is common knowledge that obtaining a US utility patent is a years-long process that can cost tens of thousands. I have discussed ways to speed up the patent process. In this article, let’s explore how can you boost your chances of obtaining a utility patent.
Need to get a utility patent granted? Contact US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you get your utility patent.
Track One: Greater Chance of Obtaining a Utility Patent?
Statistics can be tricky. Do they show causation or correlation? Perhaps it’s both when it comes to Track One cases. According to USPTO patent data, the chance of obtaining an allowance within 12 months for a Track One utility patent application is over 62%. Keep in mind that the total allowance rate would be higher since this data does not include applications allowed after 12 months.
In fact, Track One utility patent applications had an average success rate of over 86% for the decade starting from 2011 to 2020. In 2020, Track One had an average success rate of 89% compared to 81% for non-prioritized utility applications.
Unlike Rocket Docket in design patent applications, a Track One request for prioritized examination does not require a prior art search. You only have to pay the additional USPTO fees which are a little over $1,700 as of the date of this post.
What are Track One requirements?
To request prioritized examination of a utility patent application, here are the Track One requirements and limitations:
- must be filed at the initial filing of the nonprovisional application (cannot be filed after initial filing, but can be filed concurrently with a new continuing application);
- no more than 4 independent claims and 30 total claims;
- not available for US national stage applications, but can be filed with a US bypass continuing application;
- higher USPTO fees (approx. $1,680 for small entity as of updated date of this post);
- limited to 15,000 Track One requests per fiscal year
By filing a Track One request, you may expect a first Office Action within a few months of the grant of the request.
Examiners are Not Robots: How much of a factor does human nature play?
Examiners are human. Though the human nature of patent examiners may be difficult to quantify, it certainly plays a major factor. I think a Track One request can lead to more favorable results due to the limited bandwidths of examiners burdened with a mountain of cases. The intense pressure to review Track One applications on time should not be overlooked.
How to Use PCT to Get Your US Utility Patent Granted
PCT applications are commonly used for international purposes, but did you know that a PCT application can provide advantages in a US utility patent application? By filing a PCT application, the selected patent office will provide a prior art search report within 16 months from the priority date.
The goal is to use the early information in your PCT application to get a head start in your counterpart US patent application. By understanding how your US claims will likely get rejected over the prior art in your PCT application, you can amend the US claims before receiving your first Office Action. This particular filing is known as a Preliminary Amendment.
Alternatively, you can file a US national stage application with more allowable claims from the outset. Instead of proceeding with the original PCT claims, your US national stage application may contain claims revised to contain novel features not disclosed in the PCT prior art.
Want a successful US patent?
The US utility patent application process is long and expensive. By considering Track One or PCT, you can adopt a smarter strategy for improving your chance of success in obtaining a US utility patent.
