USPTO PIER Pilot Program Targets PCT Backlog

Effective April 9, the United States Patent and Trademark Office (USPTO) launched the PCT Informed Examination Request (PIER) Pilot Program — a one-year initiative designed to reduce the USPTO's growing application backlog and examination pendency by introducing a mandatory new decision point for certain U.S. national stage applications filed under 35 U.S.C. § 371. Unlike most USPTO pilot programs, participation in PIER is not voluntary: the USPTO selects applications at its discretion, and applicants cannot opt in or opt out. 

How the Program Works 

For selected applications, the USPTO will issue a Requirement for Information (RFI) under 37 CFR § 1.105, referencing the PCT international phase work products already present in the national stage file — including the International Search Report (ISR), Written Opinion of the International Searching Authority (WO/ISA), and, where applicable, the International Preliminary Report on Patentability (IPRP).

Applicants must respond using Form PTO/SB/478 and select one of three options:

1. Proceed with examination — The application is placed on an examiner's docket. Applicants may also file a preliminary amendment to place the application in better condition for examination. 
2. Delay examination for 12 months — Once approved, the delay cannot be terminated early. The application will be docketed for examination after the 12-month period expires. 
3. Expressly abandon the application — The applicant elects to abandon in view of the international phase work products. Note that the form must be signed by the applicant directly (not merely a registered practitioner acting in a representative capacity) unless the abandonment is in connection with filing a continuing application. 

On Form PTO/SB/478, applicants or patent practitioners, depending on the option chosen, simply check one of three boxes corresponding to the three options, provide basic patent application details, and sign and date where required.

Response Deadline 

The RFI sets a two-month response period, extendable to a maximum of six months under 37 CFR § 1.136(a). Failure to file a timely, complete, and properly signed Form PTO/SB/478 will result in automatic abandonment of the application. 

Patent Term Adjustment Implications

The PIER RFI is expressly designated as an Office action under 35 U.S.C. § 132 (though not a first action on the merits). This designation carries two significant PTA consequences: 

• The RFI stops the USPTO's 14-month PTA clock. Normally, if the USPTO fails to issue a first action within 14 months of national stage commencement, the application accrues "A-delay" PTA on a day-for-day basis. The PIER RFI satisfies this obligation, potentially reducing or eliminating PTA that would otherwise accrue.
• Electing the 12-month delay counts as applicant delay. The entire delay period — beginning on the date of receipt of the reply requesting delay and ending one year later — is treated as "applicant delay" under the PTA rules, which counts against any PTA the application may accrue. 

For high-value applications — particularly in the pharmaceutical and biotechnology sectors where patent term closely correlates with commercial value — these PTA implications may significantly influence the response strategy.

No Fee Refund Upon Abandonment 

Applicants who elect to abandon under the program will not be entitled to a refund of search and examination fees already paid, because the RFI qualifies as an action under 35 U.S.C. § 132, thereby foreclosing refund eligibility under 37 CFR § 1.138(d).

Selection Criteria 

The USPTO has provided limited detail regarding how applications will be selected, but has indicated that applications in high-pendency technology areas and those with PCT International Search Reports citing at least one X or Y reference are more likely to be chosen. Only national stage applications that have completed pre-examination processing are eligible. 

Strategic Considerations 

• Bypass filing as a workaround. Applicants concerned about PIER selection may consider entering the U.S. with a bypass continuation application under 35 U.S.C. § 111(a) (within 30 months of the earliest priority date) rather than a § 371 national stage filing, though bypass applications may be subject to more stringent restriction practice. 
• Preliminary amendments. If proceeding with examination, consider whether a preliminary amendment addressing ISR-cited prior art can improve the application's posture before it reaches the examiner. 
• Docket monitoring. Because the two-month response deadline runs from the RFI mailing date and failure to respond results in abandonment, firms should ensure robust docketing procedures are in place for § 371 applications. 

Program Duration 

The PIER Pilot Program runs from April 9, 2026 through April 9, 2027. The USPTO may extend the program if additional information is needed to evaluate its effectiveness.