The New USPTO Streamlined Claim Set Pilot Program: A Possible Fast-Track to Issued Patents

On October 24, the United States Patent Office (USPTO) announced a new pilot program aimed at reducing the backlog of unexamined non-continuing, non-national stage, and non-reissue applications, known as the USPTO Streamlined Claim Set Pilot Program.

Under this brand new program from the USPTO, for 12 months after publication in the Federal Register (currently scheduled for October 27) or until each Technology Center accepts at least approximately 200 applications under the program, the PTO will accept a petition to make special and $150 fee ($60 for a small entity) to advance prosecution of certain patent applications. The petition will cause the application to be examined out of turn for the first Office Action – thus, faster examination and possibly a faster patent.

To qualify, applications for the fast track program, under the USPTO Streamlined Claim Set Pilot Program, must:

• Have a single independent claim, no more than 10 total claims, and no multiple dependent claims.
• Have been filed before publication of the notice in the Federal Register.
• Not have been docketed to an examiner or received a first Office Action.
• Not include a nonpublication request, or have any nonpublication request rescinded, so that the application will publish.

If the patent is already pending, there is also a solution: the Patent Office will accept a preliminary amendment canceling claims to meet the 10-claim limit. 

As one of the few limitations, there is a limit of four petitions to make special per inventor or joint inventor.

The new pilot program is potentially an exciting new option from the USPTO, which can lead patent applications to receive faster allowances and new patents much more quickly than under the Patent Office’s backlogged examination process, advancing a patent to be much faster than the normal patent application timing (with its current 22-month delay between filing and a first Office Action).