The U.S. Patent and Trademark Office (USPTO) Patents Dashboard has reported a backlog of more than 745,000 unexamined patent applications, with average total pendency of approximately 29 months from the filing of a nonprovisional application. The average total pendency can increase to nearly 5 years when the Patent Cooperation Treaty (PCT) process is used. Although Track One prioritized examination can substantially reduce that timeline, its cost may not be the right fit for every applicant.
For some applicants, the Patent Prosecution Highway program offers a lower-cost option for accelerating examination.
How the PPH Program Works
The PPH program allows an applicant to use favorable examination results from a participating patent office to request accelerated examination of a corresponding application at the USPTO. A favorable Written Opinion issued during the international phase of PCT also may support a PPH request.
Key Considerations
- Speed: In 2024, the average time to a first office action for a PPH application was 7.5 months. The USPTO has since updated its docketing approach and generally aims to examine PPH applications in about half the time expected for non-PPH applications in the same technology area.
- Eligibility: PPH is available only when a participating patent office, known as the Office of Earlier Examination (OEE), already found at least one claim allowable.
- Cost: There is no official USPTO fee to file a PPH petition.
- Maintaining special status: Applicants must comply with PPH requirements and applicable deadlines. The accelerated-examination benefit may be affected if an applicant amends claims so they no longer sufficiently correspond to the claims found allowable by the OEE.
A Potential Option for PCT Applicants
PPH may be especially useful for applicants pursuing patent protection through the PCT process. A favorable Written Opinion or International Preliminary Report on Patentability issued during the international phase of PCT may be used to provide a basis for requesting accelerated examination in the United States.
For assistance evaluating whether PPH or another option may help accelerate examination of your patent application, 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. Actual times for examination will vary depending on the facts and circumstances, and the times stated in this article are averages.
