USPTO Changes Rules for Advancement of Examination by Changing Accelerated Examination Qualifications

Written by Jerome R. Smith (Senior Patent Attorney)

Effective July 10, 2025

The United States Patent and Trademark Office (USPTO) has announced important changes to its Accelerated Examination procedures, effective July 10, 2025.

Advancement is available, but most requests will require fees.

Advancement of Examination is available in the USPTO. Advancement falls under two categories: 1) Prioritized Examination, and 2) Accelerated Examination.

However, as of July 10, 2025, advancement procedures relating to certain accelerated examination in the USPTO will no longer be available to patent applicants.

An overview of the advancement of Examination is described below, with the complete details provided in Discontinuation of the Accelerated Examination Program for Utility Applications, 90 Fed. Reg. 24324 (June 10, 2025).
Prioritized Examination procedures remain in place. Prioritization procedures include:

a) Track One, which requires a $4200 fee for prosecution with a final disposition in about one year (up to 15,000 Track One Applications may be accepted each year), and

b) the Patent Prosecution Highway (PPH), which allows applicants to fast-track examination at the USPTO if a corresponding claim has been found patentable by an earlier participating patent office. Accepted PPH offices include those of Japan, South Korea, the European Patent Office, the United Kingdom, Canada, Australia, and the People’s Republic of China.

Accelerated Examination remains in place for both sole and joint inventors and applicants, by filing a Petition to Make Special.

Inventors who are 65 years or older, or who have health-related issues, may file a Petition to Make Special without paying any fee. This is allowed under USPTO rules, which were recently updated to apply specifically to “inventors” rather than the broader term “applicants” (as set out in 37 CFR 1.102).

For all other cases—such as when the petition is not based on age or health—either inventors or applicants may still file a Petition to Make Special, but they must pay a fee under 37 CFR 1.102(d) or (e). These fee-based petitions are only available in limited situations, such as when infringement is imminent. Additionally, in these cases, the applicant must submit extra documentation, including a prior art search under section (e), at the time the petition is filed.

In summary, the USPTO is removing the option to request accelerated examination without paying a fee for certain types of inventions. This change means that applicants can no longer fast-track their applications—under the former 37 CFR 1.102(c)—based solely on claims that the invention significantly improves the environment, helps develop or conserve energy resources, or supports efforts to combat terrorism.

Need Guidance?

We’re here to help you navigate these changes and determine the best strategy for your pending or future applications. Please don’t hesitate to reach out with questions or concerns.