Patent applicants often ask whether there is a way to shorten the time it takes to receive a patent. For eligible utility and plant patent applications, the U.S. Patent and Trademark Office’s Track One Prioritized Examination program may offer the fastest path to examination.
As discussed in our previous alert, the USPTO Patents Dashboard reported more than 745,000 unexamined patent applications, with average total pendency of approximately 29 months from filing a nonprovisional application. Track One is the USPTO’s premier paid acceleration program and can substantially reduce that timeline for eligible applications.
What Is Track One Prioritized Examination?
Track One provides prioritized examination for a limited number of original utility and plant patent applications each fiscal year. Applicants who qualify and pay the required fee receive special status, which moves the application ahead of other applications in the examination process.
Key Considerations
- Faster examination. For fiscal year 2026, Track One reduced the average time to a first office action from nearly 21 months to less than four months. Average total pendency decreased from approximately 29 months to less than seven months.
- Application requirements. The USPTO limits Track One to 20,000 original utility and plant applications per fiscal year. Eligible applications may include no more than four independent claims and 30 total claims, and only certain application types qualify.
- Cost. Track One fees are based on entity size. For a large entity, the prioritized-examination fee is more than $4,000, in addition to other applicable filing fees.
- Maintaining special status. An application can lose its Track One status if the applicant requests an extension of time, amends the application so it no longer satisfies the claim requirements, files a request for continued examination or files a notice of appeal.
Is Track One Right for Your Application?
Track One prioritized examination is the USPTO’s fastest program for accelerating examination, but its cost may affect whether it is the right option for a particular applicant. A filing strategy should account for the applicant’s business goals, budget and desired timeline. In a future alert, we will discuss a less expensive option for accelerating examination.
For assistance determining whether your application qualifies for Track One or evaluating other options to accelerate examination, please contact Catherine U. Brown.
DISCLAIMER: The opinions expressed in this article are solely my own and do not represent the views of my employer or firm. No attorney-client or confidential relationship exists by simply reading and applying the information in this article. PENDENCIES IN THIS ARTICLE ARE AVERAGES AND ACTUAL TIME FOR ANY PARTICULAR APPLICATION WILL VARY DEPENDING ON VARIOUS FACTORS SUCH AS ART UNIT.
