The USPTO announced a new pilot program designed to help it efficiently reduce the backlog of unexamined patent applications. The 鈥淪treamlined Claim Set Pilot Program鈥� has an attractive incentive for participation鈥攖he promise of expedited examination for a low petition fee if other requirements are met. The pilot program will run for 12 months or until 鈥渁t least approximately 200 applications鈥� have been accepted into each Technology Center that examines utility applications, whichever occurs first. Interested applicants may want to act fast because this pilot program could be popular.
Streamlined Claim Set Pilot Program Requirements
Savvy stakeholders will guess from its name that the pilot program requires a 鈥渟treamlined鈥� claim set. That is the one requirement you can amend your application to meet. The others must already be met as of the October 27, 2025, publication date of the
- The application have an actual filing date before October 27, 2025
- The application must be an original, noncontinuing, utility application filed under 35 U.S.C. 搂 111(a)鈥攃ontinuations, divisionals, CIPs, and national stage applications need not apply
- The application must not yet be docketed to an examiner
- The application must contain鈥攐r be amended to contain鈥攐nly one independent claim, up to ten total claims, no multiply dependent claims, and the dependent claims must conform to a specific format outlined in the Federal Register Notice
- Any non-publication request must be rescinded
- No inventor or joint inventor is named on more than three other applications for which participation in the pilot program has been sought
Applicants wanting to participate must file a 鈥減etition to make special鈥� (using a new USPTO form) and pay the petition fee of 37 C.F.R. 搂 1.17(h), which is only $150 for a Large Entity. The petition must be filed before any action by an examiner (e.g., Office Action on the merits or Restriction Requirement). Indeed, 鈥渢he USPTO will 鈥� generally dismiss a petition under the pilot program if the application has already been docketed to a particular examiner.鈥�
Examination of Streamlined Pilot Program Applications
As explained in the Federal Register Notice, applications accepted into the Streamlined Claim Set Pilot Program will be accorded 鈥渟pecial鈥� (expedited) status only until the first Office Action is issued. However, the program鈥檚 鈥渟treamlined claim set鈥� requirements remain in effect throughout the examination process.
The Federal Register Notice explains that this pilot program is 鈥渄esigned to allow the USPTO to evaluate how having a limited number of claims under examination affects pendency and examination quality.鈥� The Notice does not explain how 鈥渆xamination quality鈥� will be assessed, but states that it will 鈥減rovide avenues for participants to provide feedback on their experience with the pilot program.鈥�