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25 - Prioritized Examination, Track One

Deciding Office: Office of Petitions

The criteria for filing a Request for Prioritized Examination, Track One, is set forth in 37 CFR 1.102(e), MPEP § 708.02(b)

In general, these are the steps to follow for filing a Certification and Request for Prioritized Examination under 37 CFR 1.102(e):

Fees:

  • For the proper Certification and Request for Prioritized Examination, Track One, related fees, Please consult the Current USPTO Fee Schedule in Fee Information Page for the following Prioritized Examination, Track One, specific codes of:

(i) Track One Prioritized Examination Fee, 1817/2817/3817 (Large Entity/Small Entity/Micro Entity); 

(ii) Processing Fee, 1830/2830/3830 (Large Entity/Small Entity/Micro Entity); and

(iii) Publication Fee, 1504.

  • For the filing of an original utility or plant application, the above-identified Prioritized Examination, Track One, fees (i)-(iii) including the following additional fees MUST be paid on the filing date of the application: 
    • Basic Fee,
    • Search Fee, 
    • Examination Fee, 
    • Application Size Fee, 
    • Excess Independent Claim Fee for the number of independent claims that exceed three, and 
    • Excess Claim Fee for the number of total claims that exceed thirty, on the application filing date of a newly filed application.
  • For the filing of a Request for Continued Examination (RCE), the above-identified Prioritized Examination, Track One Fees (i)-(iii) must be paid at the time the Certification and Request for Prioritized Examination under 37 CFR 1.102(e) is filed.

How to File:

  • With the filing of an original utility application, all of the components for the original utility application and accompanied required items for Prioritized Examination, Track One, MUST be filed electronically via EFS-Web; and
  • With or after the filing of an RCE, all of the components required items for Prioritized Examination, Track One, MUST be filed electronically via EFS-Web.

For the relevant patent laws and rules applicable to Certification and Request for Prioritized Examination, Track One, please see:

  • 37 CFR 1.16, National application filing, search, and examination fees;
  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.18, Patent post allowance (including issue) fees;
  • 37 CFR 1.102(e), Advancement of examination;
  • 37 CFR 1.114, Request for continued examination; and
  • MPEP § 708.02(b), Prioritized Examination.

Forms:

The following form is available: Certification and Request for Prioritized Examination under 37 CFR 1.102(e) PTO/AIA/424.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

United States Patent and Trademark Office
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Last Modified: 10/23/2013 12:02:59 PM