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A more just solution for fast tracking would be to commit to a FIFO approach requiring the filing entity to pay to fast tracking every patent in line ahead of their patent, so that patent clerks can get to their patent faster.


Does fast tracking change the "first to file" order?


If you mean "does it allow your application to be examined before earlier-filed applications" then the answer is yes.

("First to file" is a term that has a lot of baggage, so I wanted to be clear.)


Well, yeah it changes the order they are examined in, but does it allow one to pay to beat someone else who may have a competing patent in such a way that the payer can be the originator of the invention in question?

Agreed, there is a lot of baggage around this, making it hard to talk about. Does "first to file" really mean "first to have examined"?




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