Ryan J. Schermerhorn, Partner

In an article published by Law360, Marshall Gerstein Partner and Patent Attorney Ryan Schermerhorn takes a look at the U.S. Patent and Trademark Office’s recently expanded Track One program, which allows prioritized examination for utility and plant patent applications for applicants who participate. With a growing backlog of patent applications, the USPTO is utilizing programs like Track One, as well as various AI-based tools, to examine applications more quickly and efficiently.

Particularly for patent applicants in highly competitive or investor-driven sectors, such as biotech, telecommunications, and AI, not being able to secure patent protection for several years – as is currently the case at the USPTO – can be problematic.

Ryan writes, “The Track One program significantly expedites the examination of utility and plant patent applications. On average, the first office action is issued in about 2.7 months, compared to 23.1 months for standard applications. Similarly, Track One applications are typically processed within five months, compared to roughly 30 months under the regular process.”

Read more about the Track One program and the current state of the USPTO in Ryan’s article here.