Design patent rocket docket

Design patent rocket docket

Want to get your design patent application examined quickly? The USPTO’s design patent “Rocket Docket” cuts examination time down to only a few months, but requires that you put more effort (and fees) into your initial filing.

The USPTO’s design patent “Rocket Docket” (their term for a request for expedited examination of a design application) can cut the overall length of time that a design patent waits to get initially examined down from about 13 months to about 4 months. So if you would like to get your design patent examined quickly, consider filing your design patent using the “Rocket Docket”.

Here, more than just extra fees are needed. The USPTO also wants you to expedite their prior art search process.

Why this? Although some countries merely register designs without checking them for originality, the USPTO is required to check your design against other prior art designs. Although most new design patent applications pass, some are occasionally rejected for lack of originality or obviousness.

This prior art search is not that easy. Usually, prior art searches are done by searching for matching keywords. However, unlike other types of intellectual property, designs have hardly any keywords. Design patents are almost 100% images, and often the only unique keywords are in the title, and these are often useless. Perhaps in the future, the USPTO will turn to Machine Vision/AI type searching methods and do direct image-based prior art searching, but they are not there yet.

So given these difficulties, the USPTO will make a deal with you. If, in addition to submitting a competently done design patent application (and fee), you also help them with their prior art search and pay an additional fee, they will go faster. This additional “Rocket Docket” fee is called a 37 CFR 1.17(k) fee, and usually is a few hundred dollars (presently about $450 for small entities).

How do you help them with their prior art search? The USPTO requires a bona fide (i.e. a serious and competent) prior art search, such as one that might be done by an experienced searcher. They want documentation, on an SB27 form, of the various patent fields examined during this search, as well as what specific applications your design might be used for. They also want any relevant citations that turn up during this search to be reported on an IDS (SB08) form. It is not a good idea to cut corners here, because if this part looks too sketchy, the Rocket Docket request may be denied.

So although the extra Rocket Docket fees and search expenses cost more, if you are facing competitors, or if your design is in an area where rapid introduction of cutting-edge designs is particularly important, consider this option.

Track 1 Prioritized Examination

In a rush to get your patent?  Based on an analysis of statistics, the website patentlyo.com reports that the Track 1 prioritized examination method is far and away the best way to go.  Track 1 vastly outperforms other speed-up methods (Accelerated Exam, Patent Prosecution Highway, and Petition to Make Special).  In fact, most of the Track 1 prioritized patent applications are through the process in less than a year.

Track 1 is easy to do, if expensive.  There is no requirement to do extra patent searching, and no requirement to work with foreign patent offices.  If you are an independent inventor or your company is under 500 people in size, it is simply a matter of electing Track 1 at the time of initial filing, and in addition to the regular patent application fees, paying an additional $2830 in Track 1 exam fees, processing fees, and publication fees.  It is also possible to elect Track 1 for an RCE filing as well.

The main other requirements are that the patent application have less than 4 independent claims and no more than 30 claims, which is not generally a problem for most purposes.  There are a few other rules as well – a complete application must be submitted at the time of filing, and no extensions of time on replies are allowed.  All in all, however, if you are in a rush and are willing to pay extra, it is a good option to consider.