On July 8, 2025, the USPTO finalized a rule to increase the annual limit on Track One Prioritized Examination requests from 15,000 to 20,000 per fiscal year, starting October 1, 2024, and continuing indefinitely until further notice. This change, authorized under the Leahy-Smith America Invents Act (AIA), amends 37 CFR 1.102(e) to accommodate rising demand for expedited patent processing, particularly as other fast-track programs, such as Accelerated Examination for utility applications, are phased out. The rule ensures broader access to prioritized examination, maintaining efficiency and predictability for applicants seeking faster patent reviews.
Key takeaways:
- Attorneys can file more Track One requests, allowing strategic prioritization for clients in competitive industries, though higher fees ($4,515 undiscounted for utility applications) may require budget planning.
- With Track One as the primary expedited option, practitioners can focus on a single, well-established program, simplifying client counseling and reducing the complexity of navigating multiple pathways.
- Law firms must monitor USPTO processing times, as the increased volume could stretch examiner resources, potentially leading to slight delays in peak periods.
This material is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. For personalized guidance, please contact the listed attorneys.