USPTO three-track plan criticised
21 July 2010
Eileen McDermott, New York
Microsoft, BIO, 3M, AIPLA and IPO voiced their concerns about the USPTO’s proposed three-track patent examination system during a public roundtable held yesterday
USPTO director David Kappos last month announced his Enhanced Examination Timing Control Initiative, which would allow applicants to choose one of three examination paths based on their individual needs.
The goal of the plan is to reduce pendency and increase efficiency by deferring examination for up to 30 months in track III and charging applicants more money for expediting exams in track I.
While the second track would mirror the present examination process, tracks I and III have generated some concern among patent owners and inventors.
One fear is that the third track will introduce too much uncertainty into the patent system.
To alleviate this, Richard Wilder, associate general counsel for IP policy of Microsoft, suggested that, in addition to the proposed mandatory 18-month publication requirement for...
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