A financing round or licensing deal is coming. The other side wants an issued patent, not a pending application.
Can examination move faster?
The USPTO’s Track One prioritized examination program may help.
Its goal is a “final disposition” within twelve months, on average, after prioritized status is granted. That can include an allowance or a final rejection.
It is not a promise that a patent will issue before your deal closes.
The program has requirements.
You pay extra fees. For a new application, the request must accompany the filing. Some existing applications may qualify through a request for continued examination, subject to timing and other requirements.
You cannot simply add Track One whenever a business deadline appears.
The application can have no more than four independent claims, thirty claims in total, and no multiple dependent claims.
The USPTO also limits how many requests it approves each fiscal year. Check availability before counting on the program.
And prioritized status can be lost. Requesting an extension of time to respond returns the application to regular examination.
Faster does not mean easier.
The examiner applies the same patentability standards. Track One changes the timetable, not the test. A weak application may simply be rejected sooner.
That is where drafting and preparation matter.
Make sure the claims address the features important to the product or deal. Support those claims with clear technical explanations. Describe how the invention works, not just the result the company hopes to achieve.
The technical team and patent counsel also need to be ready to respond without relying on extensions.
Practical takeaway: for medical-device, pharmaceutical, and biotech companies, start by asking what the deal actually requires.
Does the other side need an issued patent, or would earlier feedback from the examiner help?
That answer helps determine whether faster examination justifies the additional cost.
For a new application, discuss Track One before filing. For an application already pending, ask whether a qualifying route remains available.
Faster examination can help with planning. It should not become a promise to investors or licensing partners that a patent will issue by a particular date.
Sources
USPTO, Prioritized Patent Examination Program. USPTO
https://www.uspto.gov/patents/initiatives/usptos-prioritized-patent-examination-program
USPTO, Prioritized Examination Frequently Asked Questions. USPTO
https://www.uspto.gov/sites/default/files/documents/pe-faq.pdf
USPTO, MPEP 708.02(b), Prioritized Examination. USPTO
https://www.uspto.gov/web/offices/pac/mpep/s708.html
