Welcome to the Patent Riff podcast, episode 4, where we dive into the latest in patents and intellectual property for patent attorneys, IP owners, in-house counsel, and inventors.
In this episode, we discuss how the Accelerated Examination (AE) Program for utility patent applications is being discontinued by the USPTO, effective July 10, 2025.
Here are some key points to the podcast:
The primary reasons for this change are the low usage of the AE program by applicants and the significant resource burden it placed on the USPTO.
Track 1 Prioritized Examination has emerged as the significantly more popular alternative for expedited utility patent examination, requiring a fee but not the extensive upfront applicant work (like the pre-examination search and support document) that AE did.
Fee waivers for "special" status based on specific subject matters (e.g., environment, energy, counterterrorism) are also being eliminated with the AE program's discontinuation; applicants seeking expedited review in these areas will now primarily use Track 1.
The only remaining fee-exempt petition to make an application special will be based on the inventor's age or health.
This change does not affect design patent applications, for which the Accelerated Examination program will continue to exist as there is no equivalent alternative like Track 1.
Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.
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