The USPTO has setup the procedure for the patent applicants seeking final descision by the examinar within 12 months, whether their application for a patent will be granted or denied. This is called “accelerated examination.” To be eligible for accelerated examination, applicants who file under this procedure will have to disclose to the USPTO material prior art of which they are aware, but are not required to search for prior art. Under the USPTO’s accelerated examination procedure, applicants will be required to conduct a search of the prior art, to submit all prior art that is closest to their invention, and explain what the prior art teaches and how their invention is different.
In addition to providing and explaining any prior art references, applicants must explicitly state how their invention is useful and must show how the written description supports the claimed invention. The proposal also limits the number of claims allowed in each application and shortens the time periods for responding to most USPTO communications. The accelerated examination procedure is designed to give applicants quality patents in less time.
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