The U.S. Patent and Trademark Office (USPTO) runs various programs to help applicants including systems to get your patent examined faster. An example is the the First-Time Filer Expedited Examination Pilot (FTFEEP) program for applications filed by inventors who are new to the patent application process.
Overview of the FTFEEP program
Consider the program in overview.
- Purpose:
- The FTFEEP program assists inventors who are new to the patent application process.
- It aims to expedite the examination of their patent applications.
- Benefits:
- Applicants in this program receive an earlier review than regular status applications.
- No additional cost to you for this expedited examination.
- Eligibility Criteria:
- Named Inventors: Must not have been named as inventors on a previously filed nonprovisional patent application (including design patents).
- Application Format: Must file the application electronically using Patent Center (in DOCX format).
- Micro Entity Status: Qualify for micro entity status based on income.
- Priority Claim: Filing a non-provisional application with a priority claim to one or more provisional applications and not to any nonprovisional applications.
- Important Considerations:
- Expedited review does not guarantee patent allowance; it accelerates the first office action.
- Micro entity status requires being a small entity with income below a threshold.
- You can’t be under an obligation to assign to a small or large entity.
- The threshold is currently three times the median household income in the United States (approximately $223,740).
- Application Requirements:
- Must be an original, noncontinuing, nonprovisional utility application.
- Cannot claim the benefit of the filing date of any prior-filed nonprovisional application or international application designating the United States.
Discusssion
Remember that while expedited review speeds up the process, the ultimate grant of a patent is subject to examination results and legal requirements
Most applications to make special require you to place on the record facts about your invention which can limit your rights. Indeed, prosecuting a patent application is about limiting the prosecution history and file wrapper estoppel. After claim drafting it is the second reason to hire a patent agent.
You can’t have been named on a previously filed nonprovisional patent application including design patent applications.
To be a micro entity you must be a small entity and have an income below a threshold. This means you can’t be under an obligation to assign to non-micro entity. The threshold is the “maximum qualifying gross income” limit, which is three times the median household income in the United States. At present this is $223,740 meaning the median income is nearly 75,000. (To convert to U.S. dollars see “Yearly Average Currency Exchange Rates Translating foreign currency into U.S. dollars” to get the exchange rate.)
The application:
- Must be is an original, noncontinuing, nonprovisional utility application.
- Cannot claim the benefit of the filing date of any prior-filed nonprovisional application or
- international application designating the United States.
- Cannot claim a right of foreign priority to any foreign application.
- Cannot be entering the U.S. as a the national stage under the
- Patent Cooperation Treaty (PCT).
You can have a patent agent.
Process to accelerate your patent application
You may apply for the pilot program by filing a petition to make special. To do this you (and your coinventors):
- Complete and sign Form PTO/SB/464, entitled “Certification and Petition for the First-Time Filer Expedited Examination Pilot Program”.
- Upload the completed and executed form(s) to Patent Center. When uploading Form PTO/SB/464, select the document description “Petition for First-Time Filer Pilot” as found under the Petition Category.
If the application is being filed by joint inventor-applicants, either a single copy of this form must be signed by a patent agent or each joint inventor-applicant must sign a separate copy of the form.
Conclusion
For more information please see www.uspto.gov/FirstTimePatentFiler and the Federal Register Notice on the First-Time Filer Expedited Examination Pilot Program (88 FR 14607 – March 9, 2023).
If you would like to discuss protecting your innovations or making use of this program please contact us.