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INSIGHTS IP-TECH
The new 'fast lane' of US patent examination

2025/12/10 16:29:34

For a long time, USPTO has faced the problem of patent application backlog. In order to change this situation, USPTO drew on past experience and launched the Streamlined Claim Set Pilot Program on October 24, 2025.

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The plan was officially launched on October 27, 2025, opening up a new "fast lane" for patent applications. Applications accepted into the pilot program will be reviewed in advance (i.e. granted special status) until the first review opinion is issued.

Applicable conditions

1. Patent application type

(1) It must be the original invention patent application under review submitted in accordance with 35 USC 111 (a);

(2) Cannot continue to apply, partially continue to apply, or divide the case;

(3) It cannot be a patent application that claims priority to a previously filed non provisional US patent application and/or a designated US PCT international application;

(4) It cannot be a patent application submitted under the PCT to enter the national phase in the United States according to 35 USC 371.

2. Application date

The invention patent application must have an actual filing date before October 27, 2025.

3. Claims of Rights

(1) The invention patent application only contains one independent claim;

(2) The total number of claims shall not exceed 10;

(3) No multiple dependent claims;

(4) To meet the requirements of the pilot program, the form of subordination must comply with the provisions of 35 USC 112 (d).

For example, consider a set of claims with independent claim 1, expressed as "A widget calculating A and B", and claim 2.

If claim 2 is expressed as "The widget of claim 1 further computing C", then the claim meets the dependent form requirements of the pilot program;

If claim 2 is expressed as "A fastener for use in securing the widget of claim 1", then the claim does not meet the dependent form requirement of the pilot program because it does not include all the features of the prior claim 1;

If claim 2 is expressed as' A device computing the widget of claim 1 fast to a gadget ', then the claim will not meet the dependent form requirement of the pilot program, as the reference to the prior claim does not appear in the preamble;

If claim 2 is expressed as "A method of producing the widget of claim 1", then the claim will not meet the dependent form requirement of the pilot program, as claim 2 does not protect the same subject matter as claim 1.

If the claims do not meet the requirements, the applicant may submit modified claims that meet the requirements before or at the same time as submitting the request.

4. Time to submit request

(1) The request must be submitted before the issuance of the first examination opinion notice (including written restriction requirements);

(2) If the invention patent application has already been assigned to a specific examiner at the technology center when the USPTO reviews the request to participate in the pilot program, the USPTO will generally reject the request because the preparation of the first office action may have begun shortly after the invention patent application is assigned to the examiner.

5. Other requirements

(1) The request must be submitted using the dedicated form PTO/SB/472 'Simplified Claims Group Pilot Request';

(2) Requests must be submitted using the USPTO Patent Center electronic submission system;

(3) When submitting a patent application, the specification, claims, and abstract must comply with USPTO's requirements for DOCX format submission;

(4) Each inventor (not the applicant) shall not participate in more than four applications in this project.;

(5) If there is a request for non disclosure when submitting a patent application, the applicant must withdraw the request for non disclosure when submitting the request to participate in the pilot program.

Pilot time window

The time window for this pilot program is from October 27, 2025 to October 27, 2026, with a duration of 12 months. During this time period, eligible applicants can submit requests. If you miss this time window, you can only wait for the next opportunity or choose the regular review process. So companies need to closely monitor the timeline and arrange their application plans reasonably.

Quota limit

In order to ensure the quality and effectiveness of the pilot program, USPTO has imposed strict quotas. Each technology center only offers 200 spots on a first come, first served basis until full capacity is reached. This means that competition in popular fields will be exceptionally fierce. For example, fields such as software and medical equipment have always been innovation hotspots, with a large number of applications that may soon reach the quota limit. Therefore, companies interested in applying need to prepare in advance and submit their requests as soon as possible.

The cost of participating in the pilot program

Compared to regular accelerated reviews, the cost of participating in this pilot program is relatively low. The applicant only needs to pay the request fee specified in 37 CFR 1.17 (h): $150 for large entities, $60 for small entities, and $30 for micro entities. The lower cost reduces the threshold for enterprise participation, allowing more enterprises to enjoy the benefits of accelerated review.

Risks and Countermeasures of Participating in the Pilot Program

1. The risk of simplifying claims

The simplification of claims implies a limitation on the number of claims, which can affect the scope of patent protection and may increase the difficulty of determining infringement in the process of safeguarding rights. To cope with this risk, enterprises can adopt a layout of "core solution+subordinate limitation", set up 9 subordinate claims, refine the core solution, and clarify the technical features.

2. The pressure of quota restrictions

Due to limited pilot quotas, it is expected that competition in popular fields will be very fierce, and there may be a situation where quotas are used up in a short period of time. In order to cope with quota restrictions, companies need to plan ahead, prepare early, and ensure that the application materials meet the requirements, such as ensuring that the claims meet the regulations when writing patents or preparing English application texts.

Which companies are most suitable for seizing this opportunity

1. Sci tech innovation enterprises with fast technological iteration

AI、 In fields such as semiconductors, the speed of technological updates is fast. These enterprises urgently need to obtain patent protection quickly to consolidate their technological advantages. This pilot program can help these enterprises obtain patent authorization quickly and transform technology into market competitiveness in a timely manner.

2. Export oriented enterprises that need to quickly expand their presence in the US market

By participating in this pilot program, companies can quickly obtain US patents, lay out the US market in advance, and seize market share.

3. Small and medium-sized enterprises with limited budget but pursuing efficiency in review

The participation cost of this pilot program is relatively low, and the required request fee is within an affordable range for most small and medium-sized enterprises. At the same time, the accelerated review service can meet the pursuit of review efficiency. It is worth seizing this opportunity.

The new 'fast lane' of US patent examination provides a rare opportunity for businesses. Enterprises should seize the opportunity, actively prepare application materials, seize the quota, and enable innovative achievements to obtain legal protection faster, so as to seize the initiative in the fierce market competition.