USPTO Announces PIER Pilot Program That May Impact US National Phase Applications

PCT Informed Examination Request Pilot Program

The US Patent & Trademark Office (USPTO) launched a new pilot program for US national phase utility patent applications filed under 35 USC § 371 (“§ 371 applications”) (based on international patent applications filed under the Patent Cooperation Treaty (PCT)). 91 FR 17949 (April 9, 2026). The USPTO expects the PCT Informed Examination Request (PIER) Pilot Program to help reduce backlogs and pendency of US patent applications. For § 371 applications selected for the program, the USPTO will issue a “requirement for information” that will open a 2-month window (extendable by up to an additional 4 months) to submit a signed Form PTO/SB/478. The Form PTO/SB/478 will reference “applicable PCT international work products”. These include:

• International Search Report (ISR)
• Written Opinion
• Supplemental International Search (if requested by the applicant during the international phase)
• Preliminary Report on Patentability (if a demand for preliminary examination under Chapter II of the PCT was timely filed during the international phase)

To avoid abandonment of a § 371 application selected for the program, it will be necessary within the (extendable) 2-month window to indicate whether the applicant opts to (1) proceed with the § 371 application, (2) delay the § 371 application for a period of 12 months, or (3) expressly abandon the § 371 application. If opting to proceed with the § 371 application, the applicant may take that opportunity to attempt to place the § 371 application in better condition for examination by filing a preliminary amendment. Opting to delay examination of the § 371 application for a period of 12 months will result in a reduction of any patent term adjustment (PTA) that might otherwise be available to a resulting patent. Opting to expressly abandon the application will not result in a refund of search or examination fees paid to the USPTO. PCT applicants seeking to enter the US, but concerned about potential impacts if their US application is selected by the USPTO for this PIER Program, may wish to consider entering the US with a “bypass” continuation application under 35 USC § 111(a) (within 30 months of the earliest priority application)(though bypass continuation applications may be subject to more stringent restriction practice as compared to § 371 applications), or as a direct non-provisional filing, such as under the Paris Convention (within 12 months of the earliest priority application), as opposed to a § 371 application. Once a § 371 application is selected for the PIER Program, the USPTO will not entertain petitions to withdraw the application from the program.