The United States Patent and Trademark Office (USPTO) has significantly expanded access to expedited patent examination, increasing the annual limit for prioritized examination requests from 15,000 to 20,000 applications effective July 8, 2025. This expansion comes as the agency simultaneously discontinues its Accelerated Examination program for utility applications on July 10, 2025, streamlining the patent acceleration process into a single, fee-based system.
Track One Program Expansion Addresses Growing Demand
The USPTO implemented the increased limit through a final rule without prior notice, citing the need to accommodate growing applicant demand for expedited examination. In fiscal year 2024, the agency received more than 15,000 requests for prioritized examination, and by May 2025, had already processed 10,921 Track One applications, indicating the program was on track to exceed the previous 15,000 limit.
The expanded 20,000 limit applies to all granted requests for prioritized examination, including Track One requests for new applications and requests for prioritized examination in pending applications where a request for continued examination (RCE) has been filed.
Significant Processing Time Advantages
The prioritized examination program offers substantial time savings for patent applicants. According to USPTO data, Track One applications achieve an average pendency of approximately 4.5 months from petition grant date to final disposition, compared to the standard 26.2-month average total pendency for regular patent applications. This expedited timeline allows patent applicants to receive a final disposition within 12 months of prioritized status being granted.
Accelerated Examination Program Discontinuation
Beginning July 10, 2025, the USPTO will discontinue the Accelerated Examination program for utility patent applications directed to inventions under 37 C.F.R. § 1.102(c)(2). These applications previously qualified for expedited examination if they materially enhanced environmental quality, contributed to energy resource development or conservation, or helped counter terrorism.
The USPTO cited declining usage and high denial rates as factors in the decision to eliminate this program. The agency noted that deciding petitions and monitoring compliance with Accelerated Examination program requirements required substantial technology center resources that could be applied more efficiently to broader pendency reduction efforts.
Simplified Requirements Under New System
Under the revised system, applicants seeking expedited examination for inventions previously covered by the discontinued Accelerated Examination program can now utilize the Track One program with simplified requirements. These applicants will only need to pay the required fee and will no longer be required to conduct pre-examination searches or file examination support documents.
The Track One program requires patent applications to contain no more than four independent claims, 30 total claims, and no multiple dependent claims to be eligible for prioritized examination. The program covers original nonprovisional utility and plant patent applications, including continuation, continuation-in-part, and divisional applications.
Retained Age and Health-Based Petitions
The USPTO will maintain fee-free expedited examination for petitions based on inventor age or health under the revised 37 C.F.R. § 1.102(c). The rule clarifies that it is the inventor's or joint inventor's age or health, not the applicant's, that is relevant when filing such petitions, reflecting changes under the Leahy-Smith American Invents Act.
For health-based petitions, applicants must provide evidence such as a doctor's certificate or other medical certificate. Age-based petitions require evidence that the inventor is 65 years of age or older, such as the inventor's statement or a statement from a registered practitioner.
Industry Impact and Future Outlook
The changes are expected to have a positive or neutral effect on overall patent application pendency. The USPTO anticipates that the simplified Track One system will reduce administrative overhead and improve processing efficiency for utility applications requiring expedited examination.
The expansion is particularly significant for life sciences companies and other industries that rely on prioritized examination to expedite issuance of key patents. With the increased annual limit and streamlined requirements, more applicants will have access to fast-track patent processing without the complex documentation requirements of the previous Accelerated Examination program.
