By Angus Loten, Wall Street Journal

As part of a broader effort to spur homegrown innovation, the Commerce Department this week announced a move to fast-track the patent process by allowing entrepreneurs to expedite U.S. reviews by paying a hefty fee.

Yet some in the patent industry fear the initiative might do more harm than good by giving money-rich companies an edge over start-ups in the race for a patent, while doing little to reduce an already growing backlog of applications that is causing delays in product development and expansion plans.

Until now, the U.S. Patent and Trademark Office largely has processed patents on a first-come, first-serve basis for a base fee of $1,090.

Last year, the office granted more than 244,358 patents, up 27% from 2009. The process takes an average of 35 months to complete, and often includes costly legal fees—patent lawyers typically charge more than $25,000, depending on the complexity of the application.

The new fast-track process, announced Monday at the White House, would cut the process to just 12 months for $4,000, along with upfront processing and publication fees of $430. The move is part of a new initiative dubbed "Startup America," a combination of new public- and private-sector support programs for entrepreneurs, building on President Barack Obama's push highlighted in last week's State of the Union address.

The increased costs are meant to encourage filers to prioritize the innovations they need to get to market first by choosing the ones worth the extra fee, a patent-office spokesman says.

In announcing the program, Secretary of Commerce Gary Locke said it was designed to "dramatically lower the time" it takes for entrepreneurs seeking capital or accelerated market penetration to secure a patent, as opposed to those at an earlier stage of development who can afford to wait.

Mr. Locke said speeding up the process will help boost U.S. innovation, resulting in more start-ups and stronger job growth.

Small businesses—which create the bulk of private-sector jobs—produce about 13 times more patents than large firms, according to the Small Business Administration.

The patent office received more than 480,000 submissions in 2010. Yet its figures show the share of patents produced by "independent inventors"—those most likely to be linked with smaller ventures—has declined in recent years, dropping to 13.2% in 2010 from 21% a decade ago, despite fee discounts available for businesses with fewer than 500 employees.

Ted Weisz, a patent lawyer and partner at New York law firm Gottlieb, Rackman and Reisman, says it is because the patent process has become too costly for many entrepreneurs. Fast-tracking applications for a fee, he says, will only raise costs without cutting processing times.

"Exclusivity to an idea is crucial to convincing backers to fund your idea," Mr. Weisz says. "So by and large, 80% of applicants need to get patents fast." If every filer is motivated to pay for faster service, the backlog won't change, he says.

The new push won't affect the waiting time for those who have already applied for a patent since the extra money will go toward processing, according to the agency.

The patent office, which plans to limit the number of fast-track applicants to 10,000 in the first year, estimates about 10% to 20% of filers will opt for the extra fee.

Those that do will largely depend on industry, says John Kilyk Jr., a principal at law firm Leydig,Voit and Meyer Ltd. in Chicago. "For industries where an invention life span is short, they're going to want to get a product out as quickly as possible to beat competitors," he says, citing software and electronics as patented products that often become obsolete within a few years.

By contrast, biotech and pharmaceutical firms typically take years to develop a product and clear regulatory hurdles, Mr. Kilyk says. As such, there is less rush to get a patent approved since the development is the bigger, more time-consuming part of the process. Once approved, these products have a much longer shelf life, and any delays caused by the patent office are mitigated by so-called patent-term adjustments—extra months or even years tagged on to the life of a patent to compensate for the wait.

Stan Jelic, an Ann Arbor, Mich.-based patent agent for small businesses, says none of his clients are likely to pay the extra fee. "Start-ups are usually bootstrapping and that's a big chunk of change," says Mr. Jelic.

Like Mr. Weisz, he says smaller firms are caught in a catch-22: Investors are unwilling to take a risk on a venture without patent protection, while owners are unable to afford a patent without funding.

"Nothing will change until they lower the costs and hire more inspectors" at the patent office, Mr. Jelic says.

The fast-track program is expected to go into effect in March.