The patent examination process can often take far too long, and the United States Patent and Trademark Office (USPTO) is determined to do something about it in 2026. This past October, the USPTO started a one-year pilot program to expedite the patent examination process for patent applications with streamlined claim sets.
The Streamlined Claim Set Pilot Program will allow applicants to petition for their application to skip the line and get an initial review before other applications in the queue. If that initial review leads to a rejection, then the pace of examination will proceed at a normal speed. But this pilot program can quickly lead to a patent if the claims are expertly crafted.
There are many requirements for an application to be eligible for the Streamlined Claim Set Pilot Program. For example, the application must have been filed before October 27, 2025; the application must have 10 claims or fewer, of which only one is independent; and the application must not yet be assigned to a patent examiner. An applicant may enter a preliminary amendment to make the application eligible for the program.
Pilot programs that can accelerate examination may sound appealing, but applicants should consider whether expedited examination is right for them. Some applicants might prefer that examination take a long time. For instance, the USPTO could extend the life of a patent if examination were delayed by the office. Or in some cases, applicants rely on the time between filing an application and the first office action to build up their budget for legal fees or to market and sell the product that is the subject of the patent application.
Experienced patent counsel can advise you on these issues to determine whether pilot programs developed by the USPTO are right for you.
If you have questions about your patent filing strategy, please reach out to the Intellectual Property team at McCarter & English.