On 2025 October 27 the USPTO launched their Streamlined Claim Set Pilot Program, which is a way to advance your applications out of turn for examination. This program offers a predictable way to accelerate the first office action for applications with only one (1) independent claim and ten (10) or fewer claims in total, for minimal paperwork and a small fee. On 2026 June 10, the patent office waived the fee.
Background on Accelerated Examination
The U.S. Patent and Trademark Office (USPTO) is experimenting with approaches to shorten pendency and allocate examiner resources effectively. Indeed, just last week, they announced the Automated Search Results Notice (ASRN) program. The USPTO regularly runs pilots, and we have seen benefits in many of these, especially when joining early.
Winning the race is often about having a great start.
Requirements for the Streamlined Claim Set Pilot Program
There are requirements as to time (or volume), application type, claim set size and composition, and participation limits.
- Time limits. The pilot will accept petitions from 2025 October 27 until 2026 October 27, or until each Technology Center (TC) receives approximately 200 accepted applications, whichever occurs first.
- Application type. The program is limited to original, noncontinuing utility applications filed under 35 U.S.C. § 111(a) with actual filing dates before 2025 October 27. National stage (35 U.S.C. § 371) and continuing applications (i.e., continuations, CIPs, or divisionals) are ineligible.
- Claim set size. For the pending claims in your application, you must have only one (1) independent claim and ten (10) or fewer claims in total. You can amend your claims to be compliant.
- Claim set composition. Claim requirements at petition time:
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- No multiple dependent claims.
- All dependent claims other than the single independent claim must be in the specific dependency format described in the notice (e.g., proper dependent form under 35 U.S.C. § 112(d); reference to previous claim in the preamble and directed to the same statutory class). See MPEP 608.01(n)(III).
- Other requirements:
- Petition by Form PTO/SB/472 (Certification and Petition to Make Special under the Streamlined Claim Set Pilot Program).
- Petition fee per 37 C.F.R. § 1.17(h) — Waived as of 2026 June 10
- Specification, claims, and abstract must have been filed in DOCX format (37 C.F.R. § 1.16(u)).
- Any nonpublication request must be rescinded before or with the petition.
- Inventor restriction: no inventor (or joint inventor) named on more than three other nonprovisional applications in which a petition under the pilot has been filed.
Advantages of Using this Petition to Make Special
We consistently see advantages to participating in pilot programs. If you have an application that meets the requirements above and want to get a first office action faster, then please consider this program.
Patent prosecution is a careful activity where you seek the broadest valid claims while minimizing statements on the record that can be used to limit your claims. In this program, you don’t need to provide any statement about your application or claims that could later be used as file wrapper estoppel.
Other Information on the Pilot
Your application must have a filing date before 2025 October 27. However, you can amend your claims to conform to the 1/10 requirements.
Just because you get a first office action faster, it does not mean you are getting an allowed application faster.
For more information, see
- “Streamlined Claim Set Pilot Program” 90 FR 48579 (2025 Oct. 27)
- “Streamlined Claim Set Pilot Program” USPTO
- “Ten or Fewer Claims? The USPTO has a new way to accelerate your application” From The Experts (2025 Oct 28)
Conclusion
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.
