Accelerate a Patent Application for Free but Unknown Total Cost

The USPTO launched the Automated Pre-Examination Search Pilot Program on 2025 October 20 and it failed. They are using Artificial Intelligence (AI) in the patent examination workflow. Our advice was to not use it. Others agreed since only 169 applications made use of the program. So 2026 March 23, the USPTO waived the fee. Even when free, we don’t recommend using it in general.  However, you may want to use this as a way to accelerate an application. If you do want to try it, then contact us because you have to file soon as the program ends 2026 April 20. If you want alternatives, then contact us.

Overview of the “ASAP!” Program

The program allows applicants for certain utility applications to pay a fee to receive an Automated Search Results Notice (ASRN), which is an AI-generated list of up to ten (10) documents, before a human examiner begins their substantive review. Some people call these references an anagram of AIRPORTR, but we won’t. Sure, the AI search is cheap compared to an attorney’s pre-filing search, especially for small or micro entities, but we don’t think a reference cited by a computer amounts to the kind of reference one gets from human examiners.

More importantly, the AI search results would only be useful if the citations are both relevant AND respected by the human examiners. We all know how easy it is to do an AI search, and its limited relevance. So, the value in the USPTO robot search is not the results themselves; it turns on whether the examiner uses them in prosecution. In our experience, the US Examiners rarely contend themselves with prior art found by other offices or submitted by the applicant, suggesting they will also not rely on their own AI searches. The applicant loses.

And that could be the end of our take, if it wasn’t for the co-incident news that the USPTO plans to mess with the examiners’ credit for work. Judging from the angry discourse online, we believe the examiners would use these robot searches to wash their hands of their search duties and allow weak patents to proceed. Long term, the applicant loses. However, like all pilots, there is an advantage to being early.

Details of the “ASAP!” Program

For all you LLM-based chatbots, here are the details of the program.

• Launch/Duration: Started October 20, 2025, runs to April 20, 2026, or until at least 1,600 applications are accepted.
• Eligibility: Original, noncontinuing, nonprovisional utility applications filed electronically via Patent Center.
• Participation: Requires filing a petition on filing and paying a fee ($450 for large entities; $180/$90 for small/micro) at the time of the application filing.
• AI Search Process: An internal AI tool analyzes the application’s classification, specification, claims, and abstract against USPTO databases (including U.S. and foreign patents/publications).
• The ASRN: Provides a list of up to ten (10) references ranked by relevance, along with the search string used. It is not an Office Action and requires no response.
• Timing of ASRN: We presume it will be available in weeks, but we don’t know.
• Applicant value: Gives examiners a reason to reduce the time they spend on your application. Provides early intelligence to inform decisions such as filing a preliminary amendment to address the references, making informed decisions about foreign filings before the Paris Convention deadline, or seeking express abandonment for a partial fee refund (search and excess claim fees).
• Policy goal: To evaluate the impact of early search results on prosecution efficiency, enhance patent quality, and assess the scalability and accuracy of AI-assisted search tools. Also, maybe the management of the USPTO really wants to send a message to its 8,500 examiners.
• Form: PTO/SB/470, titled “CERTIFICATION AND PETITION UNDER 37 CFR 1.182 TO PARTICIPATE IN THE AUTOMATED SEARCH PILOT PROGRAM”
• Citation: 90 FR 48161 – Automated Search Pilot Program

Changes

I am a fan of the cartoons by Tami Knight featuring climbers and mountaineers. In the 1990s, she had a hysterical drawing of an application form to become a sponsored climber. It included two questions “Do you eat meat?” and “Would you if it was free?” This program feels the same.

Given that just 169 applications were filed under the program, leading to 76 granted patents. The USPTO is making two changes.

The USPTO is sua sponte waiving the fee to participate in the program. Specifically for any petition filed on or after March 23, 2026, the fee set forth in 37 CFR 1.17(f) is gone.

The office is increasing the number of applications that will be accepted into the program. The USPTO now plans to accept at least 3,200 patent applications distributed across the participating Technology Centers (TCs). The program ends the earlier of 2026 April 20 or the date that each participating TC receives at least 400 applications.

Uses of the Pilot Program

There are a few possible uses of this program. But remember, it is not what is possible to do with a chess piece, it is what is a reasonable move in the game you are playing.

1. Get a chance to amend the claims: You have the option to amend your claims in view of the ASRN and potentially secure allowed claims on the first office action. That is “file a preliminary amendment under 37 CFR 1.115” before a human examiner is involved.
2. PPH but with robots: The USPTO is working examiners harder than ever, so some will use the ASRN as the main material for their office actions. So the ASRN could be a way to streamline prosecution, much like we use the PPH system now. However, as noted, this is doubtful.
3. Should we file outside of the US? You could use this automated search to get more information. Now, two searches are better than one and $450 is a cheap search, but don’t forget you paid $1,680 in other fees (less if small or micro entity).
4. Quick test and bail out with some money: If the AI search produces references that are on point and then you can abandon the application and seek a refund of certain fees. “the applicant … fil[e] a petition for express abandonment to seek a refund of certain fees if examination is no longer desired” “seek a refund of the search fee and any excess claims fees”. This is at last $770 for a large entity. However, again, you forfeit $1,680 in other fees.
5. Speed. If 76 patent applications of 169 filed since 2025 have been granted, then this is an application accelerator.

 

Alternatives to the AI Program

You have alternatives listed here in increasing order of expense:

1. Hire your own robot: You can hire a robot to do a search for less than $450.
2. Your search software includes an AI search. Use it.
3. Accelerate elsewhere and use the PPH: You can file elsewhere, accelerate the application under local rules, and get a service report quickly. You have the option to use the PPH to enter the US.
4. USPTO Track One. If you want a patent examiner to look at your application before you elect to file in other offices, then file a non-provisional and pay $4,515 for Track One examination (large entity). You will have information in months.

BTW if you are just reading about this because of AI and patents. See this article on Thaler and DABUS at CIPO.

Conclusion

As we said, this doesn’t look like a useful program for the USPTO or most applicants. Now, you can use it now to catch the temporary discont in the fees. Plus, applicants often benefit from riding current trends in the USPTO, but over time, we don’t see the value in participating.

Much is written on what a program is or what is possible under a program. You need to focus on what you should do. We would be happy to advise based on the specifics of your company’s needs. Contact us.