How can USPTO pilot programs help you get a utility patent faster?
Waiting for a utility patent application to get examined can take years. What options are available for those who would rather not pay for Track One? On October 27, 2024, the USPTO launched the Streamlined Claim Set Pilot Program as a way to help filers get a utility patent faster.
Need to get a patent faster? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help you get patents sooner.
What is a USPTO pilot program?
By nature, USPTO pilot programs are experimental programs that have time limits or request limits. Depending upon several factors, the USPTO may sometimes make a particular pilot program into a permanent program.
How can the Streamlined Claim Set Pilot Program help you get a utility patent faster?
Qualifying utility patent applications can essentially cut in line and get examined sooner. The average wait time for an initial review of a utility patent application is over 22 months in fiscal year 2026. You read that right. It will take almost two years not to get a utility patent, but simply to get your first Office Action.
By jumping ahead of utility patent applications in the queue, you can potentially save a year or more of time.
What are the program requirements?
The Streamlined Claim Set PIlot Program has the following requirements:
- noncontinuing application
- must have been electronically filed
- compliance with DOCX format for submission
- no more than one independent claim and 10 total claims
- no multiple dependent claims
- no inventor or joint inventor named in on more than three other nonprovisional applications in which a petition to make special under the program has been filed
- petition must be electronically filed.
Can US national stage applications qualify for this program?
No, US national stage applications cannot qualify for the Streamlined Claim Set Pilot Program.
Can a nonprovisional application claiming priority to only provisional applications qualify for the program?
Yes, noncontinuing applications that claim priority only to provisional applications may qualify. In other words, a nonprovisional application that does not claim priority to another nonprovisional application would qualify for the program.
Should you consider the Streamlined Claim Set Pilot Program?
It depends on whether you can live with the limitation of having only a single independent claim. You can always file a child application to pursue more claims, but continuing applications will not be eligible for this program.
Can you request this program for a previously filed nonprovisional application?
Yes, a petition for special status may be submitted for a nonprovisional application that has already been filed.
In fact, the petition may be submitted in conjunction with a Preliminary Amendment to amend the claims of a nonprovisional application in order to qualify for the pilot program.
What are other ways to get a utility patent faster?
If you think you may want more than a single independent claim granted in your first utility patent, then consider filing a Track One request. For a small entity, USPTO fees for a request for prioritized examination are currently under $2,000.
You can also speed up the examination of a patent application if at least one inventor is at least 65 years old. Moreover, a request to make special based on inventor age does not have any USPTO fees.
