USPTO Ditches Accelerated Examination of Utility Patent Applications, but Options Remain

Historically, examination of utility patent applications could be accelerated, or moved to the top of the examination queue, in two ways: Accelerated Examination and Track 1 Prioritized Examination. In both cases, a patent application could be examined quickly (out of the normal order, which can often take 2-3 years) with a final decision within about 12 months.

The difference between Accelerated Examination and Track 1 Prioritization Examination was that under the Accelerated Examination program an applicant had to conduct a pre-examination search and submit extensive supporting documentation. In our experience, such pre-examination searches were rigorous and, depending on the technology, could be quite expensive. Likewise, preparing the required supporting documentation could be time consuming and costly. Other requirements included limitations on the number of claims, a requirement that the claims be directed to a single invention, and agreement to an Examiner interview. The USPTO official fees for requesting Accelerated Examination were relatively low. 

The United States Patent and Trademark Office (USPTO) is discontinuing the Accelerated Examination program as of July 10, 2025, leaving Track 1 Prioritized Examination as the only option to accelerate examination of a patent application in most cases.

Under the Track 1 Prioritized Examination program, an applicant can simply pay an official fee (between $903 and $4,515 depending on the entity size of the applicant) and file a complete application to take advantage of the program. In our experience, other than moving the application to the front of the examination queue, examination under the Track 1 Prioritized Examination program is identical to normal patent examination and results in a well conducted examination and compact patent prosecution. Statistics show that, under the Track 1 Prioritized Examination program, a first Office Action on the merits of the application issues approximately three months after filing the application, and a final disposition is reached approximately six months after filing.

In certain instances it may make sense to consider filing a patent application under the Track 1 Prioritized Examination program. For example, an applicant may want a quick examination and patent grant in order to enforce the patent against infringers. When “patent pending” isn’t sufficient for marketing or other purposes, Track 1 Prioritized Examination may be the best route to take. Lastly, to attract investors and in M&A transactions, it may be advantageous to have at least one issued patent (and at least one continuing application) in an intellectual property portfolio to increase or substantiate the value of the intellectual property. 

If you have questions about Track 1 Prioritized Examination, please feel free to contact anyone in our Intellectual Property Group.