USPTO Introduces Streamlined Claim Set Pilot Program

On October 27, the United States Patent and Trademark Office announced the launch of the Streamlined Claim Set Pilot Program, by which the USPTO seeks to resolve cases more quickly, thus reducing the patent application backlog. The new pilot program provides for accelerated examination of applications that contain a small number of claims (1 independent claim and up to 10 claims total). Applications that are accepted into the program are moved up in the queue for initial examination on the merits.

• Program Overview
  • The program is directed to utility patent applications with 1 independent claim and 10 or fewer total claims
  • Applications accepted into the program are given special treatment (accelerated examination) until the first Office Action is issued

• Basic Eligibility
  • Original, noncontinuing, utility applications filed under 35 U.S.C. 111(a)
    • PCT National Stage Applications filed under 35 U.S.C. 371 are excluded
    • Reissue, continuation, divisional, continuation-in-part and design applications are excluded
  • Applications filed before October 27, 2025
  • Applications that have not been assigned to an examiner in a Technology Center

• Key Requirements

(1) Structure of Claim Set

• • Independent claims: 1
  • Total claims: 10 or fewer
  • Multiple-dependent claims: None
  • Statutory classes of invention: 1
  • An applicant may comply with the claim requirements by filing a preliminary amendment before or with the petition

(2) Application Format

• • Petition filed on Form PTO/SB/472 (Submitted electronically via Patent Center)
  • Fee: $150 (USD)(37 CFR 1.17(h))

(3) Inventor Filing Limitations

• • No inventor or joint inventor has been named on more than 3 other applications in which a petition under the program has been filed
  • The above must be certified on Form PTO/SB/472

(4) File Format

• • The specification, claims and abstract must be filed in DOCX format

(5) Publication Requirements

• • Any nonpublication requests must be rescinded no later than submission of the petition

• Processing of the Petition
• • Petitions with deficiencies will be dismissed. Applicants will not be given an opportunity to correct deficiencies in the petition
  • Applications approved for entry into the program will be treated as special until issuance of the first Office Action
  • After the first Office Action, the application will no longer be treated as special

• Duration of Pilot Program
  • Petitions will be accepted until the earlier of:

1. 1. 1. October 27, 2026; or
      2. the date that each Technology Center has been docketed 200 applications accepted into the program

• • The USPTO may also terminate the program for other discretionary reasons

• Other Important Points to Note
  • Petition fees will not be refunded for applications that are not accepted into the program
  • If the examiner believes that a requirement for restriction is appropriate, the examiner will contact the applicant to make an oral election by telephone. If the applicant does not make a prompt oral election, the examiner will mail a written restriction requirement, and the application will no longer be treated as special.

Comments

The program seeks to evaluate the effect of a limited number of claims on application pendency and examination quality. For applications that satisfy the requirements for participation, the program may provide a lower-cost avenue to expedited examination than prioritized examination under the Track One program.

The official publication of the Streamlined Claim Set Pilot Program can be found at the following link:

https://www.federalregister.gov/documents/2025/10/27/2025-19669/streamlined-claim-set-pilot-program