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Archive for December, 2011

A loophole for the savvy small inventor to get Fast Tracked?

09 Dec

This shows the sick mentality of the PTO Director. While Fat Cats can get priority for all their applications by paying to bypass small business patent applications, the Director requires poor independent inventors to drop an application to get a fast track for another one.

“Pilot Program to Accelerate the Patent Process for Small Entity Inventors

USPTO Director David Kappos has launched a pilot program that will give small entity inventors having two or more patent applications currently pending greater control over the priority in which their applications are examined while also reducing the backlog of unexamined patent applications pending before the USPTO. This pilot will allow a patent application from a small entity to receive special, accelerated status if the applicant is willing to abandon an application that has not been examined.”

Of course, no big business is asked to make this choice.

Now, it will be apparent to savvy small entities that they can now game the system because the USPTO is mismanaged enough to set up a loophole, which allows a small entity to get Fast Tracked for $205.

A small inventor need only file another sacrificial application that can be abandoned in order to get special priority processing on the main application.  So, you file two application instead of one and abandon the second to get into the pilot program.  The USPTO knows this will happen, but is playing a numbers game.  You see the PTO will use this to fudge the numbers to show that small inventors are getting their applications processed as fast as large entities, when in reality it will just be smoke and mirrors and a big joke.  Still the savvy small entity can use this to advance their application by, in effect paying just a second filing fee.  If it is done right, that second filing fee can be done for as little as $95 by filing a provisional and then filing two regular applications, one in the 24 month provisional program (to later abandon) and the other one regularly.  The 24 month provisional is then abandoned to get into the special priority processing pilot program.