USPTO Launches Streamlined Claim Set Pilot Program to Expedite Patent Examination

"The U.S. Patent and Trademark Office (USPTO) published a Federal Register Notice today launching the Streamlined Claim Set Pilot Program, an initiative designed to expedite patent examination by assessing how a limited number of claims affects pendency and examination quality. The USPTO stated that it "anticipates that focusing examination resources on already-filed, unexamined applications that have a streamlined claim set will enhance efforts to reduce the USPTO's inventory and pendency.""

"To qualify, an applicant must file a timely petition to make special in an original non-reissue, noncontinuing, utility application filed under 35 U.S.C. § 111(a), provided the application has an actual filing date that was before the publication date of the Notice in the Federal Register. Moreover, national stage applications filed under 35 U.S.C. § 371 are not eligible to participate in the pilot program."

The USPTO launched the Streamlined Claim Set Pilot Program to evaluate whether limiting claim sets can reduce inventory and pendency and preserve examination quality. Applications accepted into the pilot will be advanced out of turn for examination until a first office action is issued; special status ends after that first office action. Eligible filings must be original, non-reissue, noncontinuing utility applications filed under 35 U.S.C. § 111(a) with an actual filing date before the Notice publication; national stage applications under 35 U.S.C. § 371 are excluded. Claim limits require no more than one independent claim, no more than ten total claims, and no multiple dependent claims. All dependent claims must be in proper dependent form under 35 U.S.C. § 112(d).

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