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DOC/PTO

RIN: 0651-AD19

Publication ID: Spring 2019

Title: Expansion of the Availability of Track I Prioritized Examination to U.S. National Stage Applications and Increase of the Annual Cap on Granted Requests
Abstract: The Leahy-Smith America Invents Act includes provisions for prioritized examination of patent applications, which have been implemented by the USPTO in previous rulemakings. This interim rule expands the availability of prioritized examination in two ways. First, applications filed at the USPTO by entering the national stage under the Patent Cooperation Treaty, i.e., "international applications," are now eligible for prioritized examination at the time of entry into the national stage under Track I. Previously, such applications were not directly eligible for prioritized examination under Track I at the time of national stage entry; applicants were required to file a second "continuation" application at the USPTO if they desired prioritized examination of their application. Second, the limit of applications that may be prioritized is being increased to 12,000 per year from 10,000.
Agency: Department of Commerce(DOC)	Priority: Info./Admin./Other
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
EO 13771 Designation: Not subject to, not significant
CFR Citation: 37 CFR 1.102
Legal Authority: 35 U.S.C. 2(b)(2)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	07/00/2019
Interim Final Rule Comment Period End	09/00/2019

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Raul Tamayo Department of Commerce Patent and Trademark Office 600 Dulany Street, P.O. Box 1450, Alexandria, VA 22313 Phone:571 272-7728 Fax:571 273-7728 Email: raul.tamayo@uspto.gov