Starting May 13, the U.S. Patent and Trademark Office (USPTO) will accelerate the time between issue notification and the issue date of a patent. That is, the time frame will be cut from about three weeks to two weeks – roughly 33 percent shorter. This change will apply to all utility, design and plant issued patents. The shift will be made possible by the use of electronic grants via the USPTO's Patent Center which eliminates some internal redundancies streamlining the issuance process.
Patent owners and third parties should fully understand the impact of early issuance. Patent applicants/owners and their counsel should closely monitor prosecution timelines and remember that their duty of disclosure to the USPTO under 37 CFR 1.56 lasts until issuance of a patent. Trouble could arise when material information – such as, for example, cited art in related or foreign family patent applications – is discovered mere days before issuance prompting quick turnaround for submission to the USPTO. Third parties may wish to subscribe to automated alerts or monitoring service to keep pace with accelerated grants impacting the competitive landscape and potential infringement liability. Separately, third parties interested in challenging the validity of patents via post-grant review (PGR) at the USPTO should understand the 9-month window to file a petition will commence about a week earlier. Do not be caught off guard.
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