If you have already filed a patent application, you likely want to get it examined as soon as possible. Fortunately, the United States Patent and Trademark Office (USPTO) has introduced a new option to help you do exactly that. In this post I will walk you through how to take advantage of this option, and other best practices to help accelerate your application’s examination.
What’s new: The Streamlined Claim Set Pilot Program
In October?2025 the USPTO published a notice for its Streamlined Claim Set Pilot Program. According to this official notice:
- The pilot is designed for patent application that have already been filed.
- Qualifying applications will be advanced out of turn (i.e., accorded special status) for examination until a first Office action is issued.
- To qualify, applications must have, or be amended to have, no more than one independent claim, no more than ten total claims, and no multiple dependent claims.
- To qualify you must electronically file a petition through the Patent Center using form PTO/SB/472.
- The program will run for up to 12?months from its publication date or until each Technology Center has docketed about 200 eligible applications, whichever comes first.
In short: If you can keep your claim set tight and file the required petition, you may get your application bumped ahead of the queue.
Why this matters
- Normally, patent applications are examined in the order of their filing date (or national stage entry date).
- This pilot gives applicants a way to cut in line, at least up to the first Office action, which can mean faster feedback and reduced pendency.
- Getting earlier feedback means you can respond sooner, refine your strategy earlier, and potentially start generating revenue from your invention more quickly.
- From a capital raise perspective, getting faster examination could persuade investors to invest more money faster.
- For portfolio planning and licensing discussions, moving your application ahead can improve the timing of your patent?asset development.
Who is eligible
You will want to check carefully if your application qualifies. Here are the key eligibility points:
- Must be an original, non?reissue, non?continuing utility application filed under 35?U.S.C. §?111(a).
- The application must have an actual filing date before the publication date of the notice (October?27,?2025) in the Federal Register.
- National stage applications under 35?U.S.C. §?371 are not eligible.
- The claim set must satisfy: no more than one independent claim; no more than ten total claims; no multiple dependent claims; all dependent claims must properly refer to previous claims and recite all limitations.
- If your application included a non?publication request, you must rescind it at or before the time you file the petition to make special.
- The specification, claims, and abstract must have been submitted in DOCX format (as required for electronic filing) at the time of filing.
- The inventor (or joint inventors) must not have been named on more than three other nonprovisional applications in which a petition to make special under this pilot program has been filed.
Practical Steps to Apply for the Pilot Program
Here’s a step?by?step checklist to help you move your application toward the front of the line:
- Evaluate claim set size
- Review your current claim set. If you have more than one independent claim, more than ten total claims, or any multiple dependent claims, then you must amend the application (for example via a preliminary amendment) so that the claim set matches the pilot program’s requirements.
- If you file an amendment to reduce claim count, make sure you do so before or with the petition. Otherwise, you may not meet the eligibility restrictions.
- Prepare petition form PTO/SB/472
- Fill out the certification and petition to make special under the pilot program.
- Ensure that your filing is electronic, through the USPTO’s Patent Center.
- Pay the required petition fee under 37?CFR?1.17(h).
- Rescind non?publication request if needed
- If your application previously requested nonpublication, file a rescission (using form PTO/SB/36) no later than the time you file the petition.
- File the petition timely
- You must file the petition before issuance of the first Office action or written restriction requirement. If the application has already been docketed to an examiner, the petition will generally be dismissed.
- Make sure the application was filed via the USPTO’s electronic filing system and the specification, claims, abstract were DOCX compliant at filing.
- Monitor docket status
- Once accepted, the application will be placed on a “special docket” until the first Office action is issued. After that, the application falls back to the regular examination queue.
- Keep track of whether each Technology Center is still accepting applications for the program (since acceptance may close early after 200 applications have been fast-tracked under the pilot program).
- Respond carefully to the Office action
- Because the application was accelerated only up to the first action, your response to that first action matters. A fully responsive reply helps maintain progress.
- If your amendment adds claims that violate the pilot program requirements (e.g., more than one independent claim), the examiner may treat the amendment as non?compliant and revert you to the regular queue.
Other Ways to Accelerate Examination
Even if you cannot qualify for the pilot, here are other tools to help move your application ahead:
- Prioritized Examination (Track One): This is another USPTO program offering faster examination (typically within about 12?months) for a fee.
- Petition to Make Special under other rules: For example, you may qualify for a petition to make special if you are over 65 years-old or if your invention relates to the quality of the environment, development of energy resources, or fighting terrorism.
- Strategy in claim drafting: Keeping claims clear, focused, and limited in number may not automatically guarantee “front of the line” status, but it tends to reduce delays caused by restriction requirements or claim?set rejections.
- Dialogue with the examiner / early interview: Engaging with the examiner, addressing issues directly, and holding high-quality interviews with the examiner can speed up the process.
- Amendments to simplify your application: While you don’t want to sacrifice scope, trimming extraneous claims and narrowing dependencies may reduce complexity and thus examination time.
Tips and Best Practices
- Plan early: If you think you may qualify for this pilot program you should act quickly, before the Technology Center assigned to your application accepts 200 pilot applications. If you are not eligible for this program, but still wish to take advantage of one of the other fast-track options, plan your claim strategy and drafting with your desired fast-track option in mind.
- Avoid multiple dependent claims if you want to qualify for this pilot program, multiple dependent claims are a non-no.
- Keep claim count low: Even outside this pilot, fewer claims often mean less examiner time and fewer complexity issues.
- Maintain DOCX compliance: Make sure your specification, abstract, and claims are in DOCX format when filed. That is a requirement for the pilot.
- File the petition timely: Filing the petition after an Office action is issued or after your application is docketed to an examiner will disqualify you for this pilot.
- Budget wisely: The petition fee and possibly extra costs for claim amendments should be included in your prosecution budget (although reducing the number of claims could easily offset the overall prosecution cost by more than the fees required to get the application fast-tracked).
- Monitor changes: Since this is a pilot program, the USPTO may modify or terminate it early (for example, once a threshold number of applications is accepted in a Technology Center).
- Educate inventors and stakeholders: While the pilot program can speed up the initial examination and commercialization, after the first Office Action, your application goes back into the regular examination rotation.
- Work with your patent counsel: These eligibility rules are nuanced. A patent attorney can help you evaluate whether your application qualifies and prepare the petition correctly.
Final Thoughts
If you are looking to accelerate your patent application, the Streamlined Claim Set Pilot Program provides a clear path to move your application ahead (subject to meeting specific requirements). By keeping your claim set tight, filing the petition properly, and responding quickly, you may arrive at the first Office action faster.
Even if you do not qualify for this pilot, the best practices of streamlined claiming, early examiner engagement, and strategic prosecution remain effective. Incorporate these into your patent?strategy playbook and you’ll move closer to the front of the line.
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