Prosecution Pointer 419

The First-Time Filer Expedited Examination Pilot Program, implemented by the U.S. Patent and Trademark Office (USPTO) and its Council for Inclusive Innovation (CI2) is designed to increase accessibility to the patent system for inventors who are new to the patent application process, including those in historically underserved geographic and economic areas. The applicant must certify that:

1. The inventor or, where there are joint inventors, each joint inventor has not been named as the sole inventor or a joint inventor on any other nonprovisional application,  
2. The applicant and the inventor or, where there are joint inventors, the applicant and each joint inventor qualify for micro entity status under the gross income basis requirement. Note: Applicant must separately and properly establish micro entity status by filing USPTO Form SB/15A (Certification of Micro Entity Status – Gross Income Basis) no later than the date that the petition to participate in this pilot is filed, and
3. The inventor or, where there are joint inventors, each joint inventor, named on the application is reasonably trained on the basics of the USPTO’s patent application process.

This pilot program began on March 9, 2023 and was originally scheduled to end on March 11, 2024. In view of the continued interest in and success of the pilot program, the USPTO is extending it. The extended pilot program will run from March 11, 2024, until either March 11, 2025, or the date the USPTO grants a total of 1,000 petitions since the start of the pilot program, whichever occurs first.