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Wednesday, March 26, 2008

TPS: Patent Chief Touts Fast-Track Program

Patent and Trademark Office Director Jon Dudas made a hard sell on Wednesday for his agency's accelerated examination program during a keynote at the Tech Policy Summit in Los Angeles. While the United States moves patent applications quicker than most other nations, the PTO still has a massive backlog and the recently launched initiative can help, he said.

Dudas said the program promises a 12-month final decision on patentability if applicants abide by a number of guidelines. To qualify, they must file electronically; conduct a search of "prior art" and submit all prior art that is close to their invention; include only 20 claims; and agree to an interview with an examiner, among other prerequisites.

"In every case we've been able to do that exam within one year," Dudas said. In one instance, there was approval within 17 days for a technology that would have otherwise taken more than 20 months, he said. The percentage of applications approved through the program is almost double that of the traditional route. That's because applicants have their ducks in a row when the examiner sits down to review the materials, he said.

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