David Kappos, Director of the U.S. Patent and Trademark Office (USPTO), has recently announced the Office is considering a new initiative for the examination of patent applications filed in the USPTO. Referred to as the “Three Track” scheme, the applicant has the option of choosing how quickly or slowly they want their patent application examined. The three options are as follows:

Track I:  accelerated examination (proposed 4 months to first Office Action; 12 months to final disposition)

Track II:  traditional examination as currently applied (default track if one of the other tracks is not designated at filing)

Track III:  delayed examination for up to 30 months (for non-continuing applications first filed in the USPTO)