Program Overview

The United States Patent and Trademark Office (USPTO) launched the Streamlined Claim Set Pilot Program, which offers patent applicants an opportunity to obtain expedited examination of U.S. non-provisional utility patent applications with lower burdens (lower fees and less upfront pre-emptive analysis) as compared to the two other USPTO accelerated examination programs: (i) Track One Prioritized Examination, and (ii) Accelerated Examination. Accordingly, for patent applicants that seek a relatively fast path to examination, the Streamlined Claim Set Pilot Program presents an intriguing alternative.

The Streamlined Claim Set Pilot Program became effective on October 27, 2025, and is intended to help the USPTO assess whether examination of patent applications with simplified claim structures (i.e., few claims) can improve examination quality and reduce overall pendency. Applications accepted into the program receive special status and are advanced out of turn for examination until the issuance of a first Office Action. The USPTO will continue accepting petitions under the pilot program until October 27, 2026, or until each examining Technology Center has accepted approximately 200 applications into the program, whichever occurs first.

Eligibility and Filing Requirements

The Streamlined Claim Set Pilot Program is intentionally narrow in scope. To qualify, a patent application must satisfy several requirements as follows:

1. the application must be an original, U.S. non-provisional utility patent application (continuations, divisionals, continuations-in-part, reissue applications, and U.S. national-stage applications under 35 U.S.C. § 371 are not eligible);
2. the application must have been filed before October 27, 2025;
3. no first Office Action—including a restriction requirement—may have been issued before the petition is filed; and
4. the application may contain (i) no more than one independent claim, (ii) no more than ten total claims, and (iii) no multiple dependent claims.

Applicants whose pending applications currently exceed these limits may still qualify by filing a preliminary amendment reducing the claim set before or together with the petition.

Participation requires electronic filing of USPTO Form PTO/SB/472, titled “Certification and Petition to Make Special Under the Streamlined Claim Set Pilot Program.” The petition form includes certifications and agreements requiring applicants to maintain compliance with the program’s claim requirements throughout prosecution. Initially, participation in the program required payment of the standard petition fee under 37 C.F.R. § 1.17(h), however, in June 2026, the USPTO announced that it had waived the petition fee for filings submitted on or after June 10, 2026, thereby reducing the financial barriers to participation.

Key Differences from Track One Prioritized Examination and Accelerated Examination Programs

The most obvious advantage of the Streamlined Claim Set Pilot Program over Track One Prioritized Examination is cost. With the petition fee now waived for the Streamlined Claim Set Pilot Program, applicants may obtain expedited treatment without incurring the substantial government fees associated with Track One (~$4500 for large entities). The tradeoff in cost savings is flexibility as Track One permits up to four independent claims and thirty total claims, while the Streamlined Claim Set Pilot Program requires a dramatically narrower claim set of one independent claim and ten total claims (such claim limitations must be maintained throughout prosecution). Another important distinction is the duration of prioritized treatment. Track One generally provides prioritized examination throughout prosecution, whereas the Streamlined Claim Set Pilot Program accelerates examination only until the first Office Action. Once that Office Action issues, the application returns to the examiner’s normal docket. However, it should be appreciated that the longest delay in prosecution is the time from filing to the first Office Action, which is shortened by the Streamlined Claim Set Pilot Program, and further, once substantive examination has begun, prosecution generally moves forward at a consistent, steady pace. As a result, the Streamlined Claim Set Pilot Program is best viewed as a lower-cost alternative to Track One for applicants whose inventions can be effectively pursued through a highly focused claim strategy.

Cost is also an advantage of the Streamlined Claim Set Pilot Program over the Accelerated Examination Program. In addition, unlike the Accelerated Examination Program, which requires the upfront preparation of the examination support document, the Streamlined Claim Set Pilot Program requires no upfront examination support or related searching and analysis. However, similar to the comparison to Track One, the tradeoff in cost savings is flexibility as the Accelerated Examination Program does not impose claim limits, whereas the Streamlined Claim Set Pilot Program requires one independent claim and ten total claims.

Practical Takeaways

The Streamlined Claim Set Pilot Program is likely to be most effective when used as a portfolio management tool rather than simply an examination acceleration mechanism. Practitioners should consider several strategic factors before filing a petition. Applications directed to a single commercial embodiment or a clearly defined inventive concept may be particularly well-suited for the program. If meaningful protection can be achieved with one carefully drafted independent claim and a limited set of dependent claims, the Streamlined Claim Set Pilot Program may provide a relatively inexpensive way to move the application to examination more quickly. As the Streamlined Claim Set Pilot Program imposes strict claim limitations, applicants should evaluate whether continuation applications may be needed to pursue broader or different claim scope. In many cases, the pilot program may be most effective when used to obtain an early examination result while preserving flexibility through future continuation filings.

For applicants seeking faster patent examination, the Streamlined Claim Set Pilot Program may offer a lower-cost option for advancing focused patent applications to a first Office Action. Contact Conley Rose to discuss whether this pilot program may fit your organization’s patent prosecution strategy.