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« Court Report | Main | USPTO Updates Fee Schedule, But Does Not Yet Offer Micro Entity Discount »

September 26, 2011


Hi Don,

It seems odd (to me, but then I am a Canadian lawyer) that a distinction is made between a national application under § 111(a) and a national stage application under § 371. Presumably this is done as a way to limit numbers of eligible applications. You mention that continuation applications are eligible for prioritized examination. Does filing a continuation application of an international application instead of a national stage application allow access to the prioritized examination procedure?

Thanks Carmela
PS Great meeting you earlier this month.


According to the USPTO's latest notice, the Office may open up the prioritized examination program to national stage applications at a future date. As you presumed, the USPTO noted that its rationale for excluding national stage applications was the need to limit the number of applications during the initial stages of the program. Finally, an applicant who has filed an international application can participate in the program by filing a by-pass continuation. Thanks for your comment.


It's good to know that the Track One program is back in action. Though I wish the patent reform legislation had ended fee diversion, at least the bill is allowing the USPTO a fee hike, which will permit the patent office to implement initiatives (like the Track One program and the Detroit satellite office) that had been back-burnered.

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