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 while creating minimal file wrapper estoppel.
This new program accelerates the start of prosecution for your applications with only one (1) independent claim and ten (10) or fewer claims. Basically, you get a faster utility model at the cost of a full US patent.
Background
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.
This new program blends two seemingly unrelated aspects of patent law and practice.
A petty patent, also known as a utility model or innovation patent in many countries, is a type of intellectual property right that protects technical inventions with practical utility. These often have fewer claims and a simpler claims structure than full patents. These are not available from the USPTO.
Track One Prioritized Examination is a program offered by the U.S. Patent and Trademark Office (USPTO) that allows applicants to pay an extra fee to have their patent application examined on an expedited schedule.
Requirements
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:
- 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).
- Specification, claims, and abstract must have been filed in DOCX format (37 C.F.R. § 1.16(u)).
- No nonpublication request can remain in force (applicant must rescind a nonpublication request 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.
You don’t need to provide any statement about your application or claims that could later be used as file wrapper estoppel.
The USPTO is making a lot of changes, and the examiner corps isn’t happy. Judging from the angry discourse online, we believe the examiners would be happy to see a smaller professionally prepared patent application for which they can earn a full count.
Other information on the pilot
Just because you get a first office action faster, it does not mean you are getting an allowed application faster.
Our founder Kurt Kolb is a big fan of the works of Amy Sherman-Palladino, especially “Gilmour Girls” and “The Marvelous Mrs. Maisel”. In the latter, the titular character worries about creating a “tight little ten” minute comedy routine. Do you have a tight ten claim set?
You must keep the claim set in the form that made it eligible for the program “during the remainder of pendency.” We believe this means the pendency of the application. Meaning you may need to file a continuing application to expand the claim set size and composition.
If your current claim set exceeds limits, you can prepare a preliminary amendment (under 37 C.F.R. §1.121), reducing the claims to the required size and composition, to be filed with the petition. Your preliminary amendment can be filed contemporaneously, but will be entered regardless of whether the USPTO grants your petition to accelerate.
For more information, see “Streamlined Claim Set Pilot Program” 90 FR 48579 (2025 Oct. 27)
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.