USPTO Expands Track One Program, Increasing Prioritized Examination Limit to 20,000 Annually
On pace for over 16,000 Track One filings, removing the cap was smart
The United States Patent and Trademark Office (USPTO) has announced a significant expansion of its popular Track One Prioritized Examination program. In a final rule set to be published in the Federal Register on July 8, 2025, the agency will increase the annual limit of accepted requests from 15,000 to 20,000, effective for fiscal year 2025, which began October 1, 2024.
This move signals the USPTO's compensation for recently terminating several Accelerated Examination programs, as well as an awareness of their current pace of about 1,630 Track One filings per month.
For patent attorneys, in-house counsel, and inventors, this 33% increase in capacity is welcome news. It provides greater assurance that an application in need of swift examination will have access to the program. The USPTO Dashboard indicates a pace for Fiscal Year 2025 that would exceed 16,000 prioritized applications filed.
The Track One program aims to provide a final disposition on a patent application within approximately 12 months, a stark contrast to the often multi-year timeline of traditional examination.
This accelerated schedule can be invaluable for startups seeking investment, companies looking to enforce their rights, or innovators in fast-moving technology sectors where speed to market is paramount.
Understanding Track One Prioritized Examination
The Track One program was established as part of the Leahy-Smith America Invents Act (AIA) to offer an expedited examination process for a fee. It allows applicants to have their utility and plant patent applications accorded special status, moving them to the front of the examination queue.
Unlike other accelerated examination options, Track One has relatively few initial requirements and does not mandate that applicants conduct a pre-examination search.
Key benefits of the program include:
Speed: The primary advantage is the goal of reaching a final disposition within about 12 months of the request being granted.
Simplicity: Compared to other acceleration programs, the entry requirements are more straightforward.
Broad Eligibility: The program is open to original nonprovisional utility and plant applications filed under 35 U.S.C. § 111(a), including continuations, divisional, and continuation-in-part applications. It is also available for a single Request for Continued Examination (RCE) per application.
To be eligible, an application must contain no more than four independent claims and thirty total claims, with no multiple dependent claims. The request for prioritized examination, along with all required fees, must be submitted upon filing the application.
This program has proven to be a durable and effective tool for patent applicants. The steady rise in its use underscores its value to the innovation community. This latest expansion reflects the USPTO's recognition of the program's success and its role in the patent ecosystem.
Details of the 2025 ‘Track One’ Increase
The new final rule amends 37 CFR § 1.102(e) to raise the cap on granted requests to 20,000 per fiscal year. This marks the third time the USPTO has increased the limit since the AIA initially set it at 10,000.
In 2019, the limit was raised to 12,000, and in 2021, it was increased to 15,000. The Federal Register notice explicitly states: "In fiscal year 2024, the USPTO received more than 15,000 requests for prioritized examination."
The fact that demand outstripped the 15,000-request limit in fiscal year 2024 demonstrates the persistent need for this expedited service. According to the USTPO Dashboard, 10,921 Track One applications were filed from October 2024 through May 2025. Applicants should not sit on a patent application waiting for the calendar to turn over.
The USPTO has structured the change as a final rule, citing the Administrative Procedure Act's exemption for rules of agency practice and procedure. The agency also found good cause to implement the rule without a notice-and-comment period or a 30-day delay in effectiveness, arguing that a delay would be contrary to the public interest by unnecessarily preventing applicants from benefiting from the expanded availability.
The increase applies to the total number of all granted requests for prioritized examination, which includes both initial Track One requests filed with new applications and prioritized examination requests filed with an RCE.
IP professionals can monitor the filing rate and the number of remaining slots through the USPTO's Special Program Data Dashboard for Track One.
The Rationale and Impact on Pendency
A natural concern with any program that prioritizes a subset of applications is its potential impact on the examination timeline for all other applications. The USPTO has directly addressed this issue, stating that the increase to 20,000 requests will not negatively impact overall patent pendency.
The agency's confidence stems from two main factors. First, the 20,000 applications will still represent a small fraction of the total number of examinations conducted annually.
Second, and more significantly, the USPTO has recently terminated or allowed several other examination pilot programs to expire. These include:
The Semiconductor Technology Pilot Program
The Cancer Moonshot Expedited Examination Pilot Program
The First-Time Filer Expedited Examination Pilot Program
The current suspension of the Climate Change Mitigation Pilot Program
The USPTO has determined that the examination resources freed up by the conclusion of these programs will offset any potential workflow impact from the 5,000 additional prioritized examination applications.
The agency suggests the net effect on overall pendency is expected to be neutral or even positive. Furthermore, the announcement notes that the fees collected from the Track One program provide the USPTO with additional resources that can be used to build capacity and improve the timeliness of examination for all patent applications.
Practical Considerations for Patent Applicants
While the expansion of the Track One program is beneficial, practitioners must remain diligent in meeting its strict requirements. Failure to adhere to the rules can result in a dismissed request or the termination of special status. No one wants to be kicked to the curb.
Filing Requirements: A request for prioritized examination in a new application must be present upon filing and accompanied by all requisite fees, including the prioritized examination fee, processing fee, and the standard application filing, search, and examination fees. The application must also include a specification, at least one claim, any necessary drawings, and either an executed inventor's oath/declaration or a compliant Application Data Sheet (ADS).
Maintaining Special Status: Once an application is granted Track One status, that special status is not permanent. It terminates upon the occurrence of several events, including:
The filing of a petition for an extension of time.
Amending the application to exceed the claim limits (four independent, thirty total) or to add a multiple dependent claim.
The filing of an RCE (though a single new request for prioritized examination can be made with the RCE).
The filing of a notice of appeal.
The mailing of a final Office action or a notice of allowance.
The requirement to avoid extensions of time (EOT) demands careful docketing and prompt client communication. Applicants and their counsel must be prepared to respond to Office actions within the non-extended period for reply (e.g., typically three months) to maintain the benefits of expedited treatment.
Dismissal of a request for prioritized examination for non-compliance can be frustrating. The prioritized examination processing fee is not refunded upon dismissal. If the dismissal is believed to be improper, a petition to the Director under 37 CFR § 1.181 may be filed.
This program offers a powerful option for accelerating examination and prosecution, but it requires careful management. The benefits of speed come with a corresponding need for procedural precision from the applicant.
This expansion of capacity provides more opportunities for applicants, but the underlying responsibilities and risks for practitioners remain the same. A cautious IP professional will see this as a welcome development while continuing to value the discipline required to fully leverage its advantages.
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.