The U.S. Patent and Trademark Office (USPTO) initiated a program on December 1, 2023 to encourage research, development, and innovation in the semiconductor manufacturing space. The Semiconductor Technology Pilot Program (“Pilot Program”) will expedite examination of patent applications for innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain. With the filing and granting of a petition, eligible applications will be given special status until a first Office action is issued.[1] No fee is required.
Although the USPTO currently provides applicants with other means to expedite prosecution, most notably Track One prioritized examination, the Pilot Program is particularly beneficial if certain conditions are met. Here is a comparison of the new Pilot Program compared to Track One prioritized examination:
For Track One prioritized examination applications, we are currently seeing first Office actions being issued within 3–5 months. The Pilot Program may be slightly faster in issuing first Office actions, but the overall impact of the Pilot Program will be limited, given its focus on semiconductor manufacturing inventions. If you are filing a no- or first-continuation semiconductor manufacturing patent application, we recommend consulting with counsel, as the Pilot Program may shorten the examination time without extra fees. The USPTO is currently accepting petitions until December 2, 2024, or until 1,000 petitions have been granted, whichever occurs first.
[1] After the first Office action, the application will no longer be treated as special during examination.
[2] Claiming the benefit of one or more prior provisional or foreign applications does not affect eligibility for the Pilot Program.
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