Important New PIER Pilot Program for U.S. National Stage Applications

The USPTO has launched a pilot program (the PCT Informed Examination Request (PIER) Pilot Program) that may require applicants to affirmatively request examination of certain U.S. national stage applications or risk abandonment. The PIER Pilot Program also introduces a potential 12-month delay option and offers an express abandonment option.

What is the purpose of the PIER Pilot Program?

The PIER Pilot Program may also allow Applicants to review their patent strategy, as well as PCT work product (e.g., International Search Report, Written Opinion, and, where applicable, the International Preliminary Report on Patentability) before continuing in a U.S. national stage application.

What are the effective dates of the PIER Pilot Program?

The PIER Pilot Program runs from April 9, 2026 to April 9, 2027, with the possibility of extension or early termination. The USPTO will evaluate its impact on applicant behavior, examination efficiency, and workload, with a view to potential longer-term adoption.

How will the PIER Pilot Program operate?

The PIER Pilot Program only applies to U.S. national phase applications under 35 U.S.C. §371, which have completed pre-examination processing, and which are selected by the USPTO for the PIER Pilot Program. Applicants have no input as to which applications are selected for the PIER Pilot Program. Participation is mandatory for applications selected by the USPTO, and Applicants cannot opt in or out. At the present time, the USPTO has not specified any target number or cap on the applications to be selected for the PIER Pilot Program.

For selected applications, the USPTO will issue a requirement for information (RFI). An RFI issued under the PIER Pilot Program is treated as an Office action for response purposes (but not a first action on the merits). In response, Applicants must choose one of three options using USPTO form PTO/SB/478:

1. Proceed with examination (with the option to file claim amendments);
2. Request a 12-month delay of examination; or
3. Expressly abandon the application.

Critically, failure to respond will result in abandonment of the subject application. A timely and complete reply is mandatory, and even an incomplete or improperly signed response may lead to loss of rights.

What if I select Option #1?

When selecting Option #1 (proceeding immediately with examination),Applicants are encouraged to review and file claim amendments by Preliminary Amendment, if Applicants believe amendments will advance examination efficiency. Applicants may also consider submitting remarks addressing the PCT Written Opinion or IPRP to proactively frame issues for the USPTO Examiner prior to examination.

In addition, when Option #1 is selected, the application will then be assigned to an Examiner in the appropriate art unit. There is no definite period to the first Office Communication (e.g., Office action) from the time of response to the RFI, but the application will be placed in the Examiner’s normal queue for examination.

Further, normal examination timelines, including eligibility for Track One or other prioritized examination programs (e.g., a Patent Prosecution Highway (PPH) request, if separately requested), are not expected to be altered by inclusion in the PIER Pilot Program.

What if I select Option #2?

When selecting Option #2 (12-month delay to examination),the 12-month delay may provide Applicants with additional time to assess commercial value and portfolio strategy without a USPTO fee. It is noted that when selecting Option #2:

1. Patent term adjustment (PTA) may be reduced by the delay period;
2. The 12-month period cannot be shortened once requested;
3. Once selected, no further action is required by Applicants;
4. Examination will start in due course with an Examiner only after the 12-month delay period expires; and
5. The 12-month delay period runs from the date of the Applicant’s response to the RFI.

What if I select Option #3?

When selecting Option #3 (express abandonment),the application will proceed to abandonment. It is noted that express abandonment is generally irreversible, and revival on the basis of unintentional abandonment may be available only in limited circumstances and should not be relied upon (e.g., absent clear evidence of error in selecting the express abandonment option).

What is the Response deadline?

The deadline for responding to the RFI is 2 months, which may be extendable to 6 months with the proper extensions of time. Applicants must use the designated USPTO form PTO/SB/478 in response to the RFI. Again, it is critical that Applicants respond to the RFI and that the RFI, upon receipt, be properly docketed, as failure to respond to the RFI will result in abandonment of the subject application.

Overall Purpose

From a strategic perspective, the PIER Pilot Program shifts key decision making earlier in U.S. prosecution and provides Applicants with an opportunity to review (or revisit) PCT work product before committing to U.S. examination. This may lead to:

1. More focused claim amendments before examination;
2. Increased use of examination delays for commercial assessment;
3. Earlier abandonment of lower value cases;
4. Greater front-loading of prosecution effort and coordination between U.S. counsel and international prosecution teams; and/or
5. Potential cost savings over the life of an application, balanced against earlier strategic decision-making requirements.

Useful links

Federal Register notice (discussing the PIER Pilot Program): https://www.federalregister.gov/documents/2026/04/09/2026-06903/pct-informed-examination-request-pilot-program.

USPTO form PTO/SB/478 for response to the RFI: (not yet available but expected soon at https://www.uspto.gov/patents/apply/forms).

Laine IP U.S. Team

For any questions regarding the PIER Pilot Program or any U.S.-related patent or trademark matters, please contact Mark Scott or a member of the Laine IP U.S. Team.