USPTO introduces new Streamlined Claim Set Pilot Program

On October 27, 2025, the USPTO introduced a new Streamlined Claim Set Pilot Program (“Program”). The Program offers a faster first Office action for applications that present only 1 independent claim and no more than 10 total claims.

The purpose of the Program is to help address the significant backlog of unexamined and pending US nonprovisional patent applications. Currently, the first Office action pendency (average number of months from application filing date to the date a first Office action) stands at 22.6 months.[1] By participating, US patent applicants may benefit from expedited review while contributing to the USPTO’s broader effort to reduce inventory, shorten pendency, and gather data for future reforms. Here are the main highlights of the program:

1. Timing

• Start Date: October 27, 2025.
• End Date: The earlier of October 27, 2026 or when each of the nine (9) USPTO Technology Centers have accepted approximately 200 applications into the Program. 
• Petition Timing: Applicants must file a petition requesting participation in the Program before the first Office action (including any written restriction requirement).
• Also, importantly, the USPTO will dismiss a Program petition if the subject application is already docketed to an Examiner by the time of Petition decision.
• If accepted into the Program, the application is advanced out of turn (special docket) until the first Office action. After that, that application reverts to the regular docket.

2. Eligibility Requirements

a.       Type of Application:

• The application must be a non-continuing (i.e., not a divisional, continuation, or continuation-in-part (CIP) application) utility application under 35 U.S.C. 111(a).
• The application may claim priority to a prior provisional or foreign application.
• The application must have been filed before October 27, 2025.
• National-stage 371, continuation/divisional/CIP applications are not eligible.
• No inventor or joint inventor may have been named on more than three (3) other nonprovisional applications for which a Petition under this Program was filed.

b.       Claim Limits:

• No more than 1 independent claim.
• No more than 10 total claims.
• No multiple dependent claims.
• All dependent claims must follow a specific dependency format (e.g., same statutory class).
• The 1/10 limit remains throughout prosecution. Any attempt to add claims that would result in more than one independent claim and/or more than ten total claims will be treated as not fully responsive.

3. Filing Requirements

• Specification, claims and abstract must be in DOCX format at time of filing.
• The Petition for the Program must be submitted via Form PTO/SB/472 with the fee under 37 CFR 1.17(h) (150 USD / large entity).
• A Preliminary Amendment reducing claims and/or bringing claims into compliance with the Program may be filed with the Petition.
• Applicants are given a single opportunity to file the Petition. Deficiencies cannot be corrected after dismissal.
• The is no option for withdrawal. Once accepted into the Program, Applicant cannot withdraw.
• More information here

If you have any interest or questions about the USPTO Streamlined Claim Set Pilot Program, please do not hesitate to contact a member of our US IP Team.

[1] https://www.uspto.gov/dashboard/patents/pendency.html