USPTO Launches Streamlined Claim Set Pilot Program to Expedite Patent Examination

The U.S. Patent and Trademark Office (USPTO) has officially announced the Streamlined Claim Set Pilot Program, a new initiative designed to reduce the examination backlog and improve application pendency times by prioritizing applications with simplified claim sets. Under this program, eligible applications will be advanced out of turn (i.e., accorded special status) for examination until a first Office Action is issued.

Program Overview

• Start Date: October 27, 2025.
• Duration: Until October 27, 2026, or until each Technology Center accepts approximately 200 applications, whichever occurs first. The USPTO may terminate the program early at its own discretion.
• Goal: Evaluate how limiting the number of claims impacts examination quality and pendency of applications.

Eligibility Requirements

To qualify, an application must:

• Be an original, noncontinuing, non-reissue utility application filed under 35 U.S.C. §111(a) before October 27, 2025.
• Not be a national stage application under §371.
• Not claim the benefit of any prior U.S. nonprovisional or PCT application;
  NB: Foreign priority and provisional priority are allowed.
• Have no more than one independent claim.
• Have no more than 10 total claims.
• Have no multiple dependent claims.
• All dependent claims must:
  • Refer to the previous claim in the preamble;
  • Include every limitation of the previous claim; and
  • Be directed to the same statutory class as the independent claim.
• Have no inventor or joint inventor named on more than three other applications with a petition filed under this program.
• Have been filed in Patent Center with the specification, claims, and abstract in DOCX format.

Petition Process

• Petition and Fee: Submit electronically using Form PTO/SB/472 with the petition fee under 37 CFR 1.17(h) ($150 undiscounted entity; $60 small entity; $30 micro entity).
  • No refund is available if the petition is dismissed, even if filed before docketing.
• Nonpublication: Applicant must rescind any nonpublication request before or during filing of the request petition using Form PTO/SB/36.

Strategic Use and Value of the Streamlined Claim Set Pilot Program

The Streamlined Claim Set Pilot Program offers applicants an opportunity to accelerate an application to a first round of examination without the cost of full prioritized examination. While the program does not guarantee allowance or expedited prosecution beyond the first Office Action, applicants may find early feedback from the office valuable for shaping overall portfolio strategy. For applicants considering whether to participate in the streamlined claim set program, the key question is whether the benefits of an early first action outweigh the limitations imposed by the limited claim set requirements.

The program may be particularly useful for applications where:

• Patentability is uncertain and early examination input is valuable to inform the applicant whether to invest in a broader patent application family.
• Speed to initial feedback is more important than broad claim coverage.
• Budget constraints make Track One’s higher fees impractical ($4,515 undiscounted entity; $1,806 small entity; $903 micro entity).

Applicants should carefully weigh the trade-offs between the different USPTO programs. The new program imposes stricter claim limits; however, for applications that meet the requirements, the pilot program may provide a cost-effective path to early examination, which can provide insight for the overall claim strategy.

Processing and Limitations

While the USPTO has not specified an exact timeline for issuing a first Office Action under the new pilot program, similar expedited programs typically see first actions within about 20 to 55 days. That is a significant improvement over the usual 18 to 24 months it takes for standard applications to reach examination. Special status ends after the first Office Action and does not apply during appeal, secrecy orders, or other proceedings outside normal examination. Amendments adding more than 10 claims, multiple dependent claims, or noncompliant dependent claims will be refused.

Practical Tips for Applicants

• Assess Portfolio Goals: This program is practical for applications where early feedback is more valuable than broad claim coverage and there is a desire to contain costs.
• Draft Narrow but Strategic Claims: Consider including fallback positions in the specification to preserve flexibility for later amendments.
• Track One Consideration: Applicants should consider whether Track One’s broader claim acceptance justifies the higher upfront cost, especially when overall prosecution speed is a priority.

Comparison: Streamlined Claim Set vs. Track One

Practical Takeaways

The pilot program offers a lower-cost path to early examiner feedback, but requires significant claim streamlining. For applicants prioritizing speed through allowance or broader claim flexibility, Track One remains the better option despite its higher fees. Biotech and pharmaceutical applicants should note that multiple dependent claims are barred under both programs, which may necessitate strategic claim pruning.

If you have questions about whether your application qualifies for the Streamlined Claim Set Pilot Program, or how participation may impact your patent strategy, please contact the authors or your regular Lathrop GPM attorney.