USPTO seeks input regarding a proposed Track Three Pilot Program

Published on: 05/26/2023 11:01 AM

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USPTO Alert

US Patent and Trademark Office

USPTO seeks input regarding a proposed Track Three Pilot Program

To lower a barrier to intellectual property (IP) protection and reinforce our commitment to providing the best and most accessible IP system in the world, the United States Patent and Trademark Office (USPTO) seeks public comments on a proposed Track Three Pilot Program. The program would permit micro entity applicants to delay payment of search and examination fees for 30 months from the earliest filing date claimed, under certain conditions.

“The Track Three Pilot Program was born out of discussions with inventors across our country,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “We seek feedback on how this program can best support inventors to reduce their upfront costs, and give them the time to explore funding and commercialization before expending fees on patenting. In combination with our new First-Time Filer Expedited Examination Pilot Program, this will give inventors the options to meet their needs.”

In the proposed program, the USPTO is exploring permitting micro entity applicants, under certain conditions, to obtain a pre-examination search report prior to the examination fee deadline. The report would provide applicants with additional information as they consider the value and the commercial potential of their inventions.

For inventors who want to move more quickly through the patenting process, the USPTO offers a number of options. More information is available on our Patent Application Initiatives webpage.

View the full text of the notice in the Federal Register and on the USPTO’s Patent-Related Notices webpage. You must submit your comments on the proposed program by Tuesday, July 25 through the Federal eRulemaking Portal.

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