What is the Fast Track Appeals Pilot Program? Episode 126

What Is the Fast Track Appeals Pilot Program?

The U.S. Patent and Trademark Office (USPTO) occasionally sets up pilot programs to test new procedures. Some of these programs become permanent, while others are extended repeatedly in pilot form.

Clients often ask how long something will take at the Patent Office. The answer, unfortunately, is often “a long time.” Naturally, the next question is whether there’s any way to speed up the process. The answer is — sometimes — money.

The Patent Office loves money. For a fee, they’ll bump your application to the front of the line. They’ll extend deadlines for more money. While money can’t do everything, it can do quite a lot.

This brings us to the Fast Track Appeals Pilot Program.

What Is an Appeal and Why Would You File One?

To understand this program, you first need to understand appeals. I recommend going back to Episode 64 for a more thorough breakdown.

But in brief: after you file your patent application, the examiner might reject it — usually on the grounds that it’s not new or is obvious. You respond with arguments, and if the examiner still isn’t convinced, you’ll receive a final rejection.

There are several options after a final rejection, and one of them is to appeal the decision. When you appeal, the matter is taken out of the examiner’s hands and reviewed by the Patent Trial and Appeal Board (PTAB). If you think your examiner is being unreasonable, this might be your best shot at getting your patent allowed.

The downside? Appeals can take a long time — currently averaging around 15 months. That’s a long time for inventors and businesses who need a decision faster.

How the Fast Track Appeals Program Helps

With the Fast Track Appeals program, you can pay to move your appeal to the front of the line.

You still need to pay all the regular appeal fees — check the USPTO website for current amounts. But to fast-track the appeal, you pay an additional $420 and submit a petition using Form PTO/SB/451.

There are no discounts for small or micro entities. But the goal is to receive a decision within six months.

The good news? Based on current stats, the average decision time for fast-track appeals is only 2.2 months — meaning you could shave more than a year off your patent pending time for $420.

How to File the Petition

The petition is simple — a one-page form that requires:

• Applicant name

• Title of the invention

• Appeal number

• Filing date

• Application number

You’ll certify five statements:

1. That you are filing the petition.

2. That an appeal is pending (i.e., you’ve already filed the appeal).

3. That you have paid the petition fee.

4. That the application is not already on special status due to age or health.

5. That, if an attorney is filing, a power of attorney has been filed.

You also check whether or not you want an oral hearing. Then you sign and date the form.

Limitations and Capacity

The USPTO currently allows only 500 of these fast-track petitions per year, divided into 125 per quarter. So far, those limits haven’t been maxed out.

There aren’t many restrictions for this petition — unlike other programs that may require limits on claim numbers or page counts. Essentially, the USPTO just wants the extra fee to prioritize your case.

If it’s worth $420 to potentially get your patent allowed more than a year earlier, you should strongly consider this option.

I’m Adam Diament, and until next time — keep on inventing.