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Fast-Track Your Semiconductor Innovations with USPTO’s Pilot Program

By Babak Akhlaghi on December 8, 2023.

In my previous post, I walked you through the typical journey of a patent application, from its inception to the examination phase. As I mentioned, due to a backlog at the USPTO, it can take a couple of years for an assigned Examiner to review an application. This waiting period is often seen as excessively long, especially for startups that heavily rely on patents for funding. Having a patent issued by the USPTO is a powerful validation of the uniqueness of their idea for potential investors. To expedite this process, the USPTO, like many other government agencies, offers a fast-track option called Track One for an additional fee. With a payment of $1,680 (for small entities), an application can be reviewed out of turn, speeding up the examination process from a few years to a few months and reaching a final disposition within a year.

Recently, the USPTO has launched a new, cost-free expedited examination program known as the Semiconductor Technology Pilot Program. Launched on December 1, 2023, this initiative aims to bolster innovation in semiconductor manufacturing in support of the CHIPS for America program and to incentivize domestic semiconductor manufacturing investments. The pilot program is designed to fast-track improvements in the semiconductor industry by expediting the examination of patent applications related to specific semiconductor manufacturing innovations. Qualifying nonprovisional utility patent applications will be advanced out of turn for examination (accorded special status) until a first action. The goal of the program is to expedite the delivery of cutting-edge technologies, from smartphones to cars, to consumers while reducing reliance on foreign semiconductor chip supplies. The program began on December 1, 2023, and will run until December 2, 2024, with a limit of 1000 total petitions.

A Practice Tip: Make the most of the free opportunity presented to you. If your invention falls within the realm of semiconductor manufacturing, consider availing of this offer before the deadline or the 1000 petition limit is reached!

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About the Author

Babak Akhlaghi is an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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