The Patent Office has made the Streamlined Claim Set Pilot Program a little easier to use by waiving the $150 petition fee ($60 for Small Entity) that would otherwise apply. This program offers an attractive alternative to the much more costly Track One filing for patent applications. In practical terms, the waiver removes the petition fee ordinarily tied to fast-track programs of this type, which can help make the program a more attractive prosecution option for applicants looking to advance examination efficiently. However, only applications meeting the strict qualifying criteria can benefit from this change.
At a high level, this pilot program is designed to encourage applicants to present a more focused set of claims—no more than one independent claim and ten claims total. The program’s specific requirements and eligibility limits should be checked carefully before filing. Among other requirements, the patent application must have an actual filing date before October 27, 2025, must not be a national stage entry, and cannot claim priority to any prior nonprovisional or PCT application designating the United States.
Importantly, there is a limit for the program: the program ends on October 27, 2026, or until each Technology Center has docketed about 200 qualified applications, whichever comes first.
The general idea is straightforward: applicants who are willing to narrow and streamline their claims in an existing qualified application may be able to use the pilot as a way to move prosecution forward with a cleaner record and potentially more direct engagement with the examiner. For applicants facing crowded claim sets, multiple rejections, or a need to sharpen issues for allowance, that can be a useful strategic tool.
Applicants who may find the program especially useful include those seeking a faster path to examination, those trying to reduce prosecution costs over time, and those willing to trade broader initial claims for a more focused set of issues. As always, whether the program makes sense will depend on the application, the prior art landscape, and the applicant’s business goals.
If you want more information on whether any of your existing applications may qualify for this program, and if so, how you can use this new pilot program, you should contact the authors or anyone in McCarter & English’s Intellectual Property practice.