Timing can make all the difference when it comes to protecting your invention. At Larson & Larson, we’ve spent decades guiding clients through the patent process — and one of the biggest developments in recent years has been the U.S. Patent and Trademark Office’s Track One program, which offers a faster path to a decision.
While the traditional patent process can take two to three years, Track One aims to get you a final answer — either approval or rejection — in 12 months or less.
What Is Track One?
Track One is the USPTO’s expedited examination program. It was launched in 2011 under the America Invents Act and allows applicants to fast-track their utility patent applications, helping them secure rights more quickly and move forward with confidence.
Why Consider Track One?
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Faster time to market – You’ll typically get a decision in under a year instead of waiting two or three.
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Stronger position with competitors – Earlier patent rights can deter copycats and boost your competitive edge.
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Better investor appeal – Investors often prefer granted patents over pending applications.
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More strategic flexibility – A faster decision allows you to plan next steps, like international filings, sooner.
Is It Worth the Extra Cost?
The USPTO charges a fee for Track One: $2,500 for small entities and $1,000–$1,500 for micro entities. Legal fees also apply. While that may sound steep, it’s often a worthwhile investment when compared to the potential cost of delayed market entry or missed opportunities with investors or licensing partners.
When to Use — and When to Wait
Track One may be a good fit if:
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You’re working in a fast-moving field like AI, biotech, or consumer electronics
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You’re anticipating or already facing litigation
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You’re entering licensing negotiations and want a granted patent in hand
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You’re in a crowded market where early filing offers a competitive edge
You might want to hold off if:
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Your invention is still in early development
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Your budget is tight, and you can afford to wait
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You’re submitting a broad or complex application that may benefit from more time in examination
Tips for a Smooth Track One Experience
Track One applications move fast — which means there’s less room for error. Working with a qualified patent professional can make all the difference.
An experienced patent agent will help you:
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Prepare a strong application – Your claims and specifications need to be precise, focused, and well-supported to meet Track One requirements and avoid costly delays.
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Avoid common pitfalls – Track One has strict limits on the number of claims (no more than 4 independent and 30 total) and requires all documentation to be complete and properly filed. A good patent agent ensures nothing gets missed.
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Stay on top of deadlines – The fast timeline means Office Actions can come quickly. Your patent agent can help you respond promptly and strategically.
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Communicate with the examiner – Patent agents often schedule interviews with USPTO examiners to clarify issues and keep the process moving forward.
In short, Track One is not the place to cut corners. Having an expert guide you through the process helps protect your investment — and gives your application the best possible chance of success.
Final Thoughts
Track One examination isn’t just about speed – it’s about strategic advantage. While the upfront costs are higher, the potential return on investment through earlier market entry, stronger negotiating positions, and increased investor confidence often makes it a shrewd choice for companies with time-sensitive innovations.
Remember: in today’s fast-paced innovation landscape, time to market can be just as valuable as the innovation itself. Track One might be the competitive edge you need.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
