USPTO patent examination pilots: Recent changes

The USPTO has retooled its examination pilots, impacting nuanced filing strategy and timing. 

The highlights include a new streamlined claim set pilot to accelerate first action, a time‑bound automated AI search pilot that can surface prior art before examination begins, expanded annual capacity for Track One requests, and the sunset of two previously significant acceleration pathways.

1. Streamlined Claim Set Pilot Program

The USPTO has launched a Streamlined Claim Set Pilot Program that advances eligible applications to first office action in exchange for committing to a single‑independent claim, a total of no more than 10 claims, no multiple dependent claims, and a standardized dependency format. 

Applicants must petition using Form PTO/SB/472 and pay the petition fee under 37 CFR 1.17(h) - $150 USD / $60 USD (small) / $30 USD (micro); acceptance into the program advances the case “out of turn” to first action only. 

Petitions are accepted for previously filed, unexamined original utility nonprovisional applications, and they must be filed early in the application process.  

Applications already docketed to an examiner are ineligible for acceptance. 

The petition window runs until October 27, 2026, or until each Technology Center has roughly 200 accepted applications, whichever occurs first. It’s important to be mindful of the limits near the end of the petition window.

Eligibility is narrow: the application must be original and noncontinuing (no continuations, divisionals, CIPs, or national stage entries), must have been filed via Patent Center with the specification, claims, and abstract in DOCX at filing, and any prior nonpublication request must be rescinded on or before petition. 

The program also limits repeat usage by inventor name (no more than three usages by an inventor or a joint inventor). 

In practice, this pilot offers a pragmatic “first action accelerator” for clean, compact claim sets in original filings; consider pre‑petition claim hygiene and rescission of nonpublication if a near‑term first action is strategically valuable.  The petition cost is minimal. 

A practical pairing is a continuation strategy: use the pilot in the original, noncontinuing case to secure a first allowed and granted narrow claim set quickly, then file a child continuation outside the pilot to pursue a broader or alternative claim set while the parent issues. 

This can deliver a first early granted patent for enforcement or licensing while preserving room in a second slower child patent application to negotiate scope in the continuation. 

2. Artificial Intelligence Search Automated Pilot (ASAP!)

The USPTO’s ASAP! pilot conducts an automated pre‑examination prior art search and sends an Automated Search Results Notice (ASRN) listing up to 10 documents ranked by an internal AI tool for eligible original, noncontinuing, nonprovisional utility applications filed on or after October 20, 2025, and on or before April 20, 2026. 

National phase entries of PCT applications are not eligible.

Participation requires filing a petition on the filing date of the application using Form PTO/SB/470 with the petition fee under 37 CFR 1.17(f) - $450 USD / $180 USD (small) / $90 USD (micro). 

Track One eligibility is unaffected; ASAP! and Track One can be combined.

Participation is capped by Technology Center, with a plan of at least 200 acceptances per TC. There does not appear to be an express limit, but the webpage can be used to assess the number per TC and the expected closure date.

The ASRN is not an office action, has no reply requirement, and will not itself list on the face of any patent unless made of record by the examiner or via a compliant IDS. 

Applicants can optionally use the ASRN to make timely adjustments before examination starts.  Practically, an applicant can make preliminary amendments to strategically reduce the number of rounds of examiner’s reports. 

For small and medium‑sized enterprises, ASAP! can be a cost‑effective way to surface likely prior art early without commissioning a separate search, helping teams refine claims and budgets before prosecution ramps up. In practice, SMEs can review the ASRN with their agents via a short, written assessment or an examiner‑style claims chart, decide on any preliminary amendments or IDS filings, and, if desired, schedule an early interview to discuss how the references map to the claims, all without the response clock pressure of an office action.

It is the author’s view this program would have been more useful for provisional applications as there is an opportunity to amend during formalization. 

Also, for an automated search the fee is surprisingly high. 

3. Track One prioritized examination: More capacity

Track One remains the primary paid, full‑prosecution acceleration tool, now with higher annual capacity. 

Effective July 8, 2025, the USPTO increased the fiscal‑year cap on accepted Track One requests from 15,000 to 20,000, with the program continuing to target a final disposition in about 12 months.

Track One can be requested at original filing for utility and plant applications or for a single RCE in a utility or plant application. 

Requests must be made electronically using PTO/AIA/424. 

The additional headroom in accepted requests reduces the risk of applicants bumping against the cap late in the fiscal year and provides more predictable planning for teams that rely on accelerated outcomes for commercialization or financing milestones. 

Prioritized examination is a premium option and should be used judiciously – fees under 1.17(c) - $4,515 USD / $1,806 USD (small) / $903 USD (micro). 

4. Programs sunset or discontinued

Two previously important acceleration routes have been retired or curtailed for utility applications. First, the Climate Change Mitigation Pilot, which provided fee‑free, special‑status advancement to first action for climate‑mitigating technologies, was suspended on January 28, 2025, and formally terminated by Federal Register notice on April 18, 2025. Notably, while closed, its prior record shows 1,399 petitions filed and 898 granted as of January 7, 2025.

Second, the Accelerated Examination (AE) program for utility applications was discontinued effective July 10, 2025; Accelerated Examination remains available for design applications. 

AE was not very popular as it required rigorous pre‑examination search and an examination support document mapping claim limitation, which increased upfront cost and created perceived litigation risks.