Expediting Software-Related Patent Applications in the U.S. Patent and Trademark Office Using Glossary Pilot Program

Posted on Sep 24, 2014 in Blog

The U.S. Patent and Trademark Office (PTO) recently initiated a pilot program that allows software-related patent applications that are accepted in the program to receive expedited processing and examination. Accepted applications are placed on the examiner’s special docket prior to the first Office Action, and receive “special status” up to issuance of a first Office Action.

To qualify for this pilot program:

• the patent application must be an original non-provisional patent application that does not claim the benefit of any prior non-provisional application;
• a petition to make special form PTO/SB/436 must be filed before December 2, 2014 or before 200 petitions are granted by the PTO, whichever occurs first. No fee is required.
• the claimed invention must fall within specific PTO classes of technology; however, these classes are very broad, as long as software is involved.
• the patent application can have no more than 30 claims and no more than 4 independent claims.
• the patent application, as filed, must include a glossary placed at the beginning of the Detailed Description identified with a heading. The glossary should include definitions that will assist in clarifying the claimed invention.

This pilot program runs through December 2, 2014, or until the PTO accepts 200 grantable petitions so if you would like to take advantage of this pilot program for your software-related patent application, we recommend that you act quickly. If you have any questions or would like to take advantage of the pilot program, please contact us.

– by Scott Slomowitz