USPTO Introduces New Decision Point for PCT National Stage Applications

The US Patent and Trademark Office (USPTO) has introduced a new pilot program that will require certain patent applicants to make an affirmative decision about whether to proceed with examination of their applications. The PCT Informed Examination Request (PIER) Pilot Program applies to select Patent Cooperation Treaty (PCT) national stage applications and reflects a broader USPTO effort to improve examination efficiency by ensuring that only applications with continued applicant interest move forward.

For companies that rely on international filing strategies, the program introduces a meaningful procedural change: a new time-sensitive checkpoint that requires applicants to reassess the value and direction of their US patent applications earlier than under current practice.

A NEW ‘GATEKEEPING’ STEP BEFORE EXAMINATION

Under the PIER Pilot Program, the USPTO will identify certain unexamined national stage applications filed under 35 USC § 371 and issue a Requirement for Information (RFI). The selection process and targeted number or percentage of applications to be selected has not yet been specified.

Once selected, applicants will be asked to review the work already completed during the international phase, such as the International Search Report and Written Opinion, and confirm how they wish to proceed in the United States.

At that point, applicants must affirmatively elect one of three paths: proceed with examination (with or without preliminary amendment), delay examination for a 12-month period from the date of receipt of the request to delay examination, or abandon the application altogether. If no response is filed, the application will be deemed abandoned.

While framed as an efficiency initiative, the program effectively introduces a threshold question that has not historically existed in US practice: whether an application should proceed to examination at all, even after national stage entry has been completed and fees have been paid.

TIMING, DEADLINES, AND IRREVERSIBILITY

The procedural mechanics of the program are straightforward but consequential. While applicants are given a two-month period to respond to the RFI, with extensions available for up to six months, the consequences of inaction are significant as failure to respond results in abandonment.

One notable feature is the option to delay examination for up to 12 months without a fee. While this may offer flexibility in certain situations, such as aligning prosecution with product development or financing milestones, it comes with an important limitation: once elected, the delay cannot be shortened. This makes the decision less of a temporary pause and more of a firm commitment to defer examination.

STRATEGIC AND OPERATIONAL IMPLICATIONS

From a strategic standpoint, the PIER program shifts decision-making to earlier in the patent lifecycle, with applicants now expected to evaluate the strength and commercial relevance of their applications based on international-phase results before US examination even begins. In practice, this may encourage applicants to discontinue lower-value filings sooner, while prompting more focused claim amendments in applications that move forward.

This earlier decision point may also change how companies approach budgeting and portfolio management. Rather than deferring substantive review until examination begins, applicants may need to invest in earlier legal analysis and internal coordination. For organizations managing large PCT portfolios, this could require adjustments to both workflow and resource allocation.

IMPACT ON PATENT TERM ADJUSTMENT

Another important consideration is the potential effect on patent term adjustment (PTA). The RFI is expressly designated by the USPTO as an Office action under 35 USC § 132 (although not a first action on the merits), which could affect the USPTO’s calculation of examination delay.

Depending on how the program is applied in practice, this could reduce the amount of PTA available, particularly if applicants elect to delay examination or take additional time to respond. Notably, the USPTO will treat the 12-month delay of examination as a failure to engage in reasonable efforts to conclude processing or examination of an application in PTA calculations. 

Moreover, because an RFI will be considered an Office action under Section 132, its issuance may satisfy the USPTO’s obligation to provide at least one Section 132 notification within 14 months of commencement of the national stage and reduce or eliminate a substantial component of so-called “A-delays.” As a result, an RFI may reduce the amount of PTA attributable to USPTO delay. Historically, this requirement has been satisfied upon the examiner’s issuance of a written restriction requirement, a first Office action on the merits, an Ex parte Quayle action, or a notice of allowance.

For high-value applications, especially in industries where patent term is closely tied to commercial value, this impact may influence how applicants respond to the RFI.

A SHIFT IN USPTO APPROACH

The PIER Pilot Program reflects a broader shift in how the USPTO is thinking about examination workflow. By requiring applicants to actively confirm their intent to proceed, the Office is testing whether front-end engagement can reduce backlog and improve examination quality. It appears that the USPTO is also seeking to encourage applicants to enter examination with more refined and focused claims, informed by the international phase record.

At the same time, the lack of an opt-in or opt-out mechanism underscores that this is an administrative experiment rather than a user-driven program. Applicants selected for participation will need to adapt quickly, regardless of their existing prosecution strategies.

PREPARING FOR THE PIER PROGRAM

In light of these changes, applicants may wish to take proactive steps to prepare. In particular, applicants should be prepared to conduct earlier substantive reviews of the International Search Reports and Written Opinions and make prompt decisions regarding prosecution strategy.

More broadly, the program presents an opportunity to revisit internal approaches to portfolio management. By forcing an earlier evaluation of application value, PIER may serve as a catalyst for more disciplined decision-making, helping applicants focus resources on the most commercially significant filings.

The USPTO will begin selecting applications for the program on April 9, 2026 and intends to continue selections through April 9, 2027, and it has reserved discretion to extend or terminate the program earlier. Depending on the results, the program could signal a longer-term shift toward applicant-driven confirmation of examination demand in US practice.

AVOIDING THE PIER PROGRAM

Applications filed under 35 USC § 111(a), including plant applications, design applications, and reissue applications, will not be selected for the PIER program. Applicants wishing to avoid the PIER program altogether may want to consider filing a US continuing application under 35 USC § 111(a) from the international application (a so-called “bypass” application) as an alternative to a national stage application under 35 USC § 371.