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US Implements Fast-Track Patent Filing for Semiconductor Breakthroughs

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December 04, 2023

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The U.S. Patent and Trademark Office (USPTO), under the Commerce Department, has announced a new Semiconductor Technology Pilot Program aimed at promoting research, development, and innovation in semiconductor manufacturing. This program is specifically designed to support the CHIPS for America program, which focuses on strengthening the domestic semiconductor industry.

Secretary of Commerce Gina Raimondo expressed her enthusiasm for the new program, stating, "This new USPTO program will ensure we are prioritizing critical intellectual property protections to incentivize investments in domestic semiconductor manufacturing."

The Semiconductor Technology Pilot Program aims to expedite the examination of patent applications related to semiconductor manufacturing innovations. It will prioritize qualifying nonprovisional utility patent applications that are directed towards specific processes and apparatuses for manufacturing semiconductor devices. These applications will be advanced out of turn for examination until a first action is taken.

Unlike other accelerated examination programs, applicants for this pilot program are not required to meet the current requirements of accelerated examination or prioritized examination programs. This flexibility allows for a wider range of applicants to participate and benefit from the program.

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, highlighted the significance of fast-tracking patent applications in the semiconductor industry. She stated, "Fast-tracking examination of patent applications related to semiconductor device manufacturing speeds bringing key innovations to market and strengthens our nation's supply chain. Our goal with this program is to get more cutting-edge technologies into the hands of consumers faster while reducing our dependence on the foreign supply of semiconductor chips."

The Semiconductor Technology Pilot Program will begin accepting petitions for participation on December 1, 2023. The program will remain open until December 2, 2024, or until the USPTO accepts 1,000 grantable petitions, whichever comes first. This limited timeframe and petition cap ensure that the program remains focused and efficient in achieving its objectives.

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