USPTO Semiconductor programs solve global competitiveness, but additional workload and resourses tradeoff---they’ll terminate it on a dime.

The U.S. Patent and Trademark Office (USPTO) has implemented the Semiconductor Technology Pilot Program in a stated effort to incentivize intellectual property protection for certain semiconductor manufacturing innovations. This action

is commensurate with the objectives of the government’s 2022 CHIPS and Science Act, including boosting research and development in the semiconductor area and revitalizing the domestic semiconductor manufacturing industry to gain a global competitive advantage. The USPTO press release states that this program is designed to “encourage innovations that increase semiconductor device production, reduce semiconductor manufacturing costs and strengthen the semiconductor supply chain.”

According to data released by the USPTO in October 2023, regular non-prioritized patent applications currently have an average pendency of about 21 months from the filing date before the first substantive Office Action is mailed, and an average pendency of 25 months before the application has reached a final disposition (i.e., has been issued as a patent or abandoned). This long and uncertain waiting period often discourages patent applicants who would like to bring their innovation faster to the market with the security of patent protection.

One way to accelerate the examination of a patent application is to choose the “Track One” prioritized examination option, which allows the applicant to get to a final disposition in about 12 months. However, the fee for fast-tracking examination of a patent application is substantial, especially for applicants who do not qualify as a small entity or a micro entity.

Under the Semiconductor Technology Pilot Program, certain semiconductor manufacturing related patent applications will have a chance to be advanced out of turn, i.e., will be accorded “special” status to be examined ahead of the other regular applications, if a proper “Petition to Make Special” is timely filed. The prioritization fees will be waived, irrespective of the entity status of the applicant under this pilot program.

ELIGIBILITY AND OTHER REQUIREMENTS

Number of Applications and Date

The Office began accepting Petitions to Make Special beginning December 1, 2023, and will do so until either December 2, 2024, or the date by which 1,000 grantable petitions are accepted, whichever occurs first. The USPTO may, at its sole discretion, terminate the pilot program depending on factors such as workload and resources needed to administer the program, feedback from the public, and the effectiveness of the program. If the pilot program is terminated, the USPTO will notify the public. The USPTO will indicate on its website1 the total number of petitions filed and the number of applications accepted into the pilot program.