LawFlash

USPTO Addresses Applicants’ Need for Speed

October 30, 2025

The US Patent and Trademark Office recently announced two initiatives aimed at improving examination efficiency and addressing rising pendency times: the new Streamlined Claim Set Pilot Program and an update to the Patent Prosecution Highway acceleration policy.

These new and revised programs can be useful to accelerate prosecution of patent applications before the USPTO.

THE STREAMLINED CLAIM SET PILOT PROGRAM

Effective October 27, 2025, the Streamlined Claim Set Pilot Program seeks to determine whether limiting claim complexity can meaningfully reduce examination pendency. Under this initiative, applicants may petition to have eligible applications “made special,” effectively advancing them to the front of the examination queue until a first Office action is issued.

To qualify, an application must be a noncontinuing original utility nonprovisional filed before October 27, 2025. The claim set must include no more than one independent claim and 10 total claims and cannot include any multiple dependent claims. Applicants must file the petition before the first Office action and agree to maintain the streamlined claim limits throughout prosecution.

The pilot will remain open for one year or until each technology center accepts roughly 200 petitions, whichever comes first. Given these limits, applicants interested in early action may wish to participate promptly.

REVISIONS TO THE PPH ACCELERATION PROGRAM

In a parallel development, the USPTO announced a change to how it manages applications under the Patent Prosecution Highway (PPH), a program that allows applicants to fast-track US examination based on allowable claims from a corresponding foreign application.

Historically, PPH applications advanced through examination much faster than standard filings, with an average first-action pendency of about 7.5 months, compared to more than 22 months for non-PPH applications. However, to promote more equitable workloads across its examining corps the USPTO will now align PPH pendency so that these applications are examined at a rate roughly half that of comparable non-PPH cases within each technology area.

While this adjustment does not affect eligibility for the PPH, applicants should expect a narrower acceleration benefit than in prior years. The USPTO also emphasized that practitioners must use the current PPH request forms and include required express statements to ensure proper processing.

The USPTO stated that its intent is to preserve the benefits of expedited examination while managing the overall workload balance across its examining corps.

TAKEAWAYS: STRATEGIC ACCELERATION OPTIONS FOR APPLICANTS

Viewed together, these initiatives create a two-track framework for faster examination. The Streamlined Claim Set Pilot offers a domestic route for acceleration, rewarding applicants who can focus their claims for efficiency. The revised PPH continues to serve global filers who wish to leverage foreign allowances, albeit with a smaller pendency advantage than before.

Additionally, patent examination in the United States can be accelerated through existing programs such as the Track One program (paying an extra fee for prioritized examination) or by filing a request to make special (if an inventor is over the age of 65 or in poor health).

As examination pendency continues to lengthen in many technology areas, these programs give applicants levers to accelerate progress.

By understanding these options, and strategically using them where they align with business needs, applicants can position their portfolios for faster and more efficient patent outcomes.

Contacts

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