One of the difficulties with patent examination is that it can take a long time. If, as an applicant, you’re not in rush, that’s fine. But sometimes you don’t want to wait. For example, you may be poised to bring a product to market soon, and want patent protection as soon as possible. Or you’ve gotten word that a competitor is about to launch a competing product. Or you’re not so young, and you’d like to see the patent issue in your lifetime.
Many patent jurisdictions enable one to cut to the front of the examination queue under certain conditions. In the USA, among other things, you can “petition to make special” based on the inventor’s age, or you can pony up $4000 and file your application as a “track 1” application. In Israel, you can file a petition to move the examination forward due to inventor age, impending launch of a competitor product, or other compelling reason, plus there’s a program for advancing examination of “green” patent applications. And both jurisdictions have “patent prosecution highway” programs that will fast-track examination based on favorable search or examination results of corresponding applications in certain other jurisdictions.
We recently received word from several associates in India that amended rules have been ratified that will facilitate the fast-tracking of applications on another basis. Specifically, if the applicant or applicants are all natural persons, and one of them is a woman, then you can fast track the application. No explanation for the criteria to be used in determining an inventor's womanhood were provided.
Undoubtedly, if such a rule were proposed in USA, the resulting fireworks during the comment period would warrant a few bags of popcorn.