Fast-Tracking the Patent Examination Process at the USPTO

The timeline from filing to granting a US patent application can be a very long journey, with the current average time to receive a first office action at around 23 months after filing, though can be even longer in some technology areas. While this delay is looked at as a positive thing in some industries and by some applicants, it can be frustrating for others that are looking for earlier protection and certainty. In such situations, there are a few ways applicants can fast-track their applications, allowing them to be examined out-of-of-turn. Here, we’ll explore such options, and the considerations when deciding whether to pursue them.

There are three main approaches to accelerating prosecution, and the approach one takes depends on specific requirements placed on the Applicant themselves or the application. 

Prioritized Patent Examination Program (Track One)

The most straightforward way an Applicant can use to expediate their application is by filing under the Prioritized Patent Examination Program, more commonly known as Track One.  Once accepted into the Track One program, the USPTO aims to provide a final disposition – either an allowance or Final Office Action for the application within 12 months. In reality, the USPTO is usually much more efficient as the average days of application pendency is about 51 days, and often times the applicant has an allowance within a year, even before publication.

One can only apply for Track One at the initial patent application filing or after a Request for Continued Examination (RCE), and the costs are high. The additional USPTO filing fees (on top of the normal filing fees) for filing for a Track One are $4515, or $1806 for a small entity. While the initial costs are high, the shorter duration of prosecution can often justify the high initial investment.

The further requirements for a Track One application include there being no more than 4 independent claims, 30 or less total claims, and no multiple-dependent claims. One drawback is that only a certain number of Track One requests are accepted per year. However, the limit has recently increased from 15,000 to 20,000 on July 8, 2025. One thing to keep in mind when pursuing Track One is to be ready to stay on top of deadlines as any extension of time automatically results in the loss of prioritized status. 

Patent Prosecution Highway (PPH)

A second option for an international application is the Patent Prosecution Highway (PPH) Program.  This option is available if the following criteria are met:

• The US application shares a common priority date with an application filed at another participating PPH patent office.
• At least one claim of a related application has already been allowed by an PPH office of earlier examination (OEE).
• All the claims in the US application correspond to the allowed claims of the related application.
• Substantive examination of the US application has not begun yet.

To apply for the PPH, one must submit a PPH request form, a copy of appropriate OEE paperwork, an English translation of the application, and an IDS form mentioning any references not mentioned in the US application. The average time pendency to an Office Action if the application is accepted into the PPH is 29 days after acceptance. Unlike Track One, extensions of time are allowed during prosecution of an application accepted in the PPH. There are no additional USPTO fees for requesting the PPH on an application.

However, applicants should note that amendments broadening outside the scope of the allowable claims from the earlier application are prohibited in applications accepted into the PPH, and to broaden claims, the applicant typically needs to file a continuation or divisional application. 

Petition to Make Special based on Age or Illness

A third option to accelerate examination is by submitting a Petition to Make Special, provided there is an inventor that is over 65 years of age or severely ill. This option can reduce the time to a first office action to 25 days and can be submitted any time during prosecution. To qualify, at least one inventor on the application must be over 65 years old or proven to be severely ill (to the point their involvement in prosecution could be hindered). There is no additional fee associated with this petition; however, any evidential personal/medical documents submitted are made publicly available by default.  Thus, Applicants should carefully decide whether they would want such information known. 

Thus, Applicants have a number of options to speed up examination, depending on the application and application. Please contact us if you would like to explore any of these options in more detail.