[co-author: Matt Swazer]
The United States Patent and Trademark Office (USPTO) recently announced a “Streamlined Claim Set Pilot Program.” The program offers expedited examination for utility patent applications for applications with one independent claim and 10 claims total. Beginning October 27, 2025, qualifying applications, will be advanced out of turn for examination until a first Office action is issued.
To participate, applications must contain no more than one independent claim and no more than 10 total claims. The pilot program is open until October 2026 (12 months), or until approximately 200 applications per Technology Center are accepted, whichever comes first. The USPTO notes that it “will indicate on its website the total number of petitions filed, and the number of applications accepted into the pilot program for each Technology Center.” Provided that some Technology Centers may reach the 200-case limit quickly, applicants should act promptly if interested in participating.
Eligibility Requirements:
- Original, noncontinuing utility applications filed under 35 U.S.C. 111(a)
- Filing date must be before October 27, 2025
- Maximum one independent claim and 10 total claims
- No multiple dependent claims
- All dependent claims must reference a prior claim in the preamble and be in the same statutory class as the independent claim
- Application filed in DOCX format through Patent Center
- No nonpublication request
- Petition filed before the first Office action or restriction requirement
- Petition fee: $150 (per 37 CFR 1.17(h))
Limitations
Applications that are NOT eligible include: reissue applications, continuing applications (Continuations, Divisionals, CIPs), national stage applications under 35 U.S.C. 371, and applications claiming benefit of prior nonprovisional applications.
No inventor may be named on more than four total applications participating in the pilot program.
Applicants can file a preliminary amendment before or with the petition to comply with the claim requirements. However, the USPTO notes it will “generally dismiss a petition under the pilot program if the application has already been docketed to a particular examiner in a Technology Center at the time the petition is taken up for decision.” Once accepted into the program, the claim limitations remain throughout prosecution, and applicants cannot withdraw from the program. The USPTO notes that “a continuing application will not be granted special status based on the petition filed in the parent application.”
The program decreases time to first Office action: “After the first Office action, the application will no longer be treated as special during examination.”
Read the Federal Register notice.
