Fewer Claims In The Fast Lane: USPTO's Streamlined Claim Set Pilot Program

In a Federal Register Notice published October 27, 2025 ("Notice"), the U.S. Patent and Trademark Office (USPTO) announced a new pilot program called the "Streamlined Claim Set Pilot Program" (hereinafter "Pilot Program"). This article considers (1) requirements to participate in the Pilot Program, (2) effects on applications that are accepted to the Pilot Program, (3) a comparison of the Pilot Program to the Track One prioritized examination program, (4) strategic considerations for Applicants, and (5) when the Pilot Program will conclude.

To participate, the following conditions must be met:

1. Filing Date – The Applicant must have filed an application before October 27, 2025.
2. Application Type – The application must be:
   • An original, non-reissue, non-continuing, utility application under 35 U.S.C. 111(a); and
   • Not docketed to an Examiner (i.e., no first Office Action issued).
3. Required Filings – The Applicant must file:
   • A preliminary amendment reducing the claims to no more than one independent claim, ten total claims, and no multiple dependent claims.
   • A Petition to Make Special or a Request for Prioritized Examination. Petition to Make Special (Form PTO/SB/472): Download here.
   • A certification statement confirming that no inventor or joint inventor named in the application is named on more than three other applications also submitted to the Pilot Program.
4. Fee Requirements (37 CFR 1.17(h))
   • $150 for a Large Entity
   • $60 for a Small Entity
   • $30 for a Micro Entity (inventors who meet income or education requirements under 37 CFR § 1.29).

Effects on Applications in the Pilot Program

Applications accepted to the Pilot Program get to advance prosecution "out of turn" from other filings and receive a first Office action quicker than the standard/non-expedited filing path for non-provisional utility patent applications. Although the Federal Register did not specify how quickly the first Office action would be issued through the Pilot Program, typical pendency times for applications filed with a "petition to make special" can be used to estimate the timing for this Pilot Program.

For example, when applications are filed with a petition to make special based on an inventor's age or health, the time to receive the first Office Action is typically about 28 days. Similarly, when applications are filed with a request for prioritized examination under Track One, the time to receive the first Office Action is about 53 days. Overall, the final decision for these special applications should be reached in about 12 months after the initial filing date. By comparison, standard filings have an estimated pendency to a first Office action of about 20 months, although this varies greatly by art unit.

The Federal Register also asserts that the Pilot Program is "designed to allow the USPTO to evaluate how having a limited number of claims under examination affects pendency and examination quality." Although the Federal Register does not explain how the "examination quality" will be determined or the estimated timing/pendency for applications, the Applicant is permitted to provide feedback on their "experience" in the Pilot Program (e.g., via a Pilot-specific email address or direct participant communication with the USPTO).

Comparison to Track One Filings

There are several similarities and some notable differences between the Streamlined Claim Set Pilot Program and the Track One prioritized examination program.

For example, as noted above, both programs allow the Applicant to advance "out of turn" from other applications to quickly receive a first Office action. Although we are not certain on specific timing under the Pilot Program, the first office action may issue more quickly than under Track One.

Under the USPTO Track One prioritized examination program, the first Office Action is typically issued approximately 1.3 months after filing the request under Track One with an average pendency of about 4.5 to 6.5 months, with a final disposition (allowance, final rejection, or abandonment) reached in approximately 6 to 12 months from the petition grant date. This is significantly faster than the average standard patent application, which can take about 20 months for a first Office action and about 30 months until a final disposition of the application.

The number of claims that are examined during prosecution of the application under each program also vary. The Track One program accepts no more than four independent claims, thirty total claims, and no multiple dependent claims at the time the request to participate in the Track One program is reviewed by the Office of Petitions. Comparatively, the Pilot Program only accepts one independent claim, ten total claims, and no multiple dependent claims.

The type of application also differs. While the Track One program accepts original, non-provisional utility and plant patent applications filed under 35 U.S.C. 111(a), the Pilot Program is more limited in filing requirements. As discussed above, the application in the Pilot Program must have been filed by October 27, 2025 and requires the application to be an original, non-reissue, non-continuing, utility application filed under 35 U.S.C. 111(a).

The fee differences are also notable. While both programs require the typical USPTO fees, like the basic filing fee, search fee, publication fee, and examination fee, the petition fee for the Pilot Program is $150 for a large entity while the request fee for the Track One prioritized examination program is $4,515 for a large entity. (Note: there is no fee to file a petition to make special based on an inventor's age or health).

Strategic Considerations for Applicants

In addition to the differences in cost, Applicants should consider the pros/cons of limiting claims under the Pilot Program. For example, the Pilot Program limits the application to one independent claim and ten total claims, which cannot be increased during prosecution of the application. This, of course, would limit the application to only one of a method, system, apparatus, computer-readable medium, or other single statutory category and only one point of view (based on the claim style in the application). This may limit the scope and narrow the invention covered in the original, expedited application. In view of this, the Applicant may consider a continuation application to cover other aspects of the invention that are described in the filed application, with additional costs for the additional filing(s).

Comparatively, the faster issued patent may be beneficial in various business and financial situations. For example, faster patent protection can help with investor confidence, product launches, or competitive positioning. The issued patent may also be monetized through licensing or assignment avenues.

There are also considerations for asserting an issued patent through litigation. In a standard timeline, the patent may issue 30+ months from the original filing date. A patent must issue before it can be asserted against a competitor/infringer. Thus, if a patent grants more quickly, the patent can be asserted more quickly against potential infringers and may result in increased damages.

Termination of the Program

With nine examining USPTO Technology Centers that divide patent application examination across different fields of technology, the Notice asserts that each Technology Center will accept approximately 200 applications into the program, for a total of 1,800 applications accepted to the Pilot Program. The Pilot Program may run between October 27, 2025 and October 27, 2026 or once 200 applications are accepted in the particular Technology Center, whichever occurs first. This can lead to different termination dates of the Pilot Program in different Technology Centers.

The Fine Print

Please note that these terms in the Notice are subject to change. The Notice can be found here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.