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Fast or Slow?
A threshold question for each patent filing is the speed at which a patent is desired.
In many cases, applicants want to obtain patent protection as rapidly as possible in order to guard against infringers or as a show of success to potential investors. In these situations, there are a variety of mechanisms available including: petitions to advance examination in the United States (e.g., a petition to make special); and accelerated requests for search and examination in foreign jurisdictions such as Europe or the United Kingdom.
In other situations, a client may desire to obtain a patent at the normal pace of the various patent offices. For example, proceeding to issuance at a slower pace can allow applicants time to develop and plan the commercialization and marketing of their invention. In this situation, a client can choose to file a U.S. provisional application, followed by a Patent Cooperation Treaty (“PCT”) application and then various nationalization stage applications. This strategy can extend the time to issuance significantly in comparison with the available acceleration strategies.
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