USPTO's Accelerated Examination Program Ended July 10, 2025
The United States Patent and Trademark Office (USPTO) discontinued the Accelerated Examination program for utility patent applications as of July 10, 2025, leaving Applicants with fewer options for an expedient U.S. patent examination. Under the Accelerated Examination program, a petition to make special may be filed without a fee for inventions that enhance environmental quality, support the development or conservation of energy resources, or counter terrorism. The discontinuation of the Accelerated Examination adds to challenges for Applicants seeking prompt patent prosecution, as patent pendency has increased in all technology centers (TCs), in part due to rising application volumes and workforce constraints at the USPTO (see "Patent Strategies in Response to Recent U.S. Developments"). These factors – including the recently lifted hiring freeze at the USPTO, anticipated layoffs, and ongoing uncertainty about workforce stability – have contributed to increased application pendency at the USPTO.
Strategies for Expedited Patenting
For Applicants seeking prompt examination – such as start-ups needing to demonstrate exclusivity to investors, or companies in competitive sectors – alternatives to provide expedited patent examination and more timely patent allowance may be exceedingly useful in light of recent U.S. developments. Based on an Applicant's particular objectives, timelines, and cost, one or more of the following strategies may be helpful.
1. Petition to Make Special. Applicants who qualify based on age (65+) or health, or who are filing inventions that contribute to the environment, energy conservation, or counter-terrorism, may still petition for out-of-turn examination without an additional fee. However, unlike the former Accelerated Examination program, there is no guarantee of 12-month final disposition.
2. U.S. Track One Prioritized Patent Examination. In the U.S., the Prioritized Examination program (often referred to as "Track One") is designed to provide a patentability determination within 12 months of filing. Track One applications are limited to four independent and 30 total claims. However, savvy Applicants often include just one independent claim to further facilitate examination, and subsequently file a continuation or divisional application with broader scope after the Track One application is allowed. The $4,515 fee for the Track One request, in addition to the USPTO's filing, search, and examination fees (about $2,000) may be significant to many Applicants, even with the 60% and 80% discount for small and micro entity Applicants, respectively.
3. Examine in the Patent Cooperation Treaty (PCT) Phase. Prosecuting in the PCT phase, and then proceeding to national stage entry with allowable claims, can provide significant time savings. In the PCT phase, the International Preliminary Examining Authority (IPEA) will issue an International Search Report and Written Opinion (ISR/WO), within about 16 months from the priority date. After receiving the ISR/WO, amendments can be filed under Article 19 or Article 34 to place the claims in condition for allowance.
An Article 19 amendment allows a single opportunity to amend the claims and does not result in re-examination of the amended claims by the International Searching Authority (ISA). In an Article 19 Amendment, only the claims can be amended, not the description or drawings. Thus an Article 19 Amendment is useful to correct non-substantive issues.
If the Written Opinion is not fully favorable, a Demand for International Preliminary Examination can be filed with amendments under Article 34 of the PCT. Filing a Demand for International Preliminary Examination under Chapter II of the PCT allows amendments to the claims, description, or drawings of the application. In this process the Applicant can engage in a dialogue with the examiner, and receive an International Preliminary Report on Patentability (a Chapter II IPRP), which may be useful to indicate that the claims are in condition for allowance before entering the national phase. The Demand under Article 34 must be filed within three months from receiving the ISR/WO, or within 22 months from the priority date.
Note that filing a Demand for International Preliminary Examination does not affect the Applicant's right to enter the national phase, and not all national phase Examiners or jurisdictions may equally value the International Preliminary Examination Report (IPER). Some patent Examiners may confirm the IPER, while others will prefer to perform their own thorough examination regardless of the content of the IPER. A Demand under Article 34 incurs fees of about $900 for International Preliminary Examination and handling.
If the Written Opinion is favorable, there may be less value to making amendments during the PCT phase. This is especially true if the national offices of interest do not rely heavily on the IPER, or if the Applicant intends to enter only a few national jurisdictions. In such cases, it may be more effective to make any necessary amendments during national phase examination. Thus, there are situations where amending during the PCT phase provides little strategic advantage.
4. File in Europe under the Programme for Accelerated Prosecution of European Patent Applications (PACE). The European Patent Office (EPO) offers the PACE program. PACE is available to any European filing and can be requested separately in the search or examination phases. PACE requires filing an unreasoned request, and an office action is provided in about three months under PACE. Because no fee is required, and because requesting PACE is straight-forward and not published, PACE can be economically attractive to expedite patenting in Europe. Additionally, if at least one claim in the application is found allowable by the EPO, the Applicants can then use the Patent Prosecution Highway (PPH) to request expedited examination in another participating office, such as the USPTO.
5. Expedite with the Patent Prosecution Highway. Applicants can also expedite examination by leveraging foreign patent offices known for shorter pendency and respected search and examination quality, such as those in Korea, Japan, and the United Kingdom (UK). By filing directly in Korea, Japan, or the UK, when also filing a PCT application, Applicants can facilitate patent examination in the U.S. by utilizing the PPH program. Under the PPH program, if a participating patent office determines at least one claim is allowable (actual allowance is not required), the Applicants may then request expedited examination of the corresponding claims in a related application pending before another participating office, such as the USPTO. Similarly, Applicants can first file under the European Patent Convention (EPC) before the EPO, then request expedited treatment with a PACE request, and if the claims are viewed favorably, proceed to the PPH. The PPH is thus a low-cost way to leverage fast-track procedures among participating offices, enabling Applicants to obtain allowance more quickly and efficiently.
The average time from filing to a first office action for utility patent is about 10 months in Japan, and about 14 months in Korea. Also, expedited options are available, resulting a first office action in about two months in Korea or Japan. Thus as U.S. patent pendency increases, the benefits of expedited foreign filings, and then leveraging the PPH, are increased.
In addition to reduced pendency, some jurisdictions offer competitively priced examination compared to the U.S., while maintaining a reputation for a high-quality search. For example, when the Korean Intellectual Property Office (KIPO) acts as the ISA under the PCT for an application in English, the search fee is approximately one-third of the USPTO's standard search fee when the USPTO is the ISA. Similarly, the cost to file in the UK with a search request is about $280. Therefore, filing in a patent office that is cost-effective and is known for quality examination can provide additional cost benefits to cost-conscious Applicants.
6. File in the United Kingdom and Request Green Channel Service. Available in the United Kingdom, the Green Channel service allows Applicants to accelerate prosecution of patent applications that are related to environmentally beneficial technologies. Upon a written request demonstrating the invention has an environmental benefit, expedited search and examination is provided without an additional fee. The UK patent office will also accelerate processing for other reasons, such as to secure investment, knowledge of a potential infringer, or to permit use of the PPH at the USPTO and other participating patent offices.
Conclusion
Given rising patent pendency in the U.S., and the discontinuation of the Accelerated Examination program, alternative pathways for timely patent examination are becoming increasingly important. The alternatives presented can support customized strategies to align Applicants' patent filing approach with their business objectives, technical context, timeline, and budget. Consulting with IP professionals who possess deep technical expertise and extensive international filing experience is essential for navigating these alternatives and achieving more efficient patent prosecution.
The authors thank attorney Niles Beadman for his insights regarding PACE and the Green Channel Service.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
