USPTO Extends Deadline for Patent Application Exchange Program

By Donald Zuhn --

On Monday, the U.S. Patent and Trademark Office announced that it was extending the deadline for the Project Exchange program.  Under the Project Exchange program, an applicant can have an application accorded special status for examination if the applicant expressly abandons another co-pending unexamined application.  The program was launched on November 27, 2009 as the Patent Application Backlog Reduction Stimulus Plan, and initially was open only to small entity applicants.  In February, the small entity requirement was eliminated and the program was extended to December 31, 2010, or the date on which 10,000 applications are accorded special status under the program.  According to a notice published in the Federal Register (75 Fed. Reg. 71072), the program will now run until 10,000 petitions have been granted under the program or until December 31, 2011.  The notice indicates that the Office may decide to discontinue the program after December 31, 2011, if 10,000 petitions have not been granted by that date.  In addition, program participants are limited to 15 applications.

The Project Exchange webpage indicates that to date, only 139 petitions have been submitted, and a mere 98 petitions have been granted.  Of the 139 submitted petitions, 30 have been submitted for applications in TC 1600 (biotechnology and organic chemistry).  Despite the low number of petitions that have been submitted, Director David Kappos stated that "the program has the potential to help reduce the backlog of unexamined patent applications pending before the USPTO."  In the face of weak participation, however, Director Kappos expressed hope that "more applicants will take advantage of this opportunity to significantly reduce the examination time for their most important applications with the extended deadline."

For Additional Information regarding this and other related topics, please see:

• "USPTO Expands Patent Application Backlog Reduction Stimulus Plan," August 11, 2010
• "USPTO Expands Application Exchange Program," May 25, 2010
• "USPTO Extends Period for Public Comment and Period of Effectiveness for Recent Programs," February 7, 2010
• "USPTO Implements Patent Application Backlog Reduction Stimulus Plan," December 7, 2009

Comments

[patent litigation]

I'm surprised at the low participation rate in this and other Kappos programs, like the "green" tech fast-track initiative. However, the patent bar tends toward the conservative, and patent lawyers might need more time than most to get used to certain new ideas. Also, though, I would guess that the 3-track program holds more apparent promise and less risk in the eyes of patent attorneys.
http://www.aminn.org/webcast-aipr-patent-reform-presentation-us-patent-and-trademark-office