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469-985-3505
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    • Michael Fogarty
    • Luiz von Paumgartten
    • Thomas W. Kelton
    • Herbert L. Lacey
    • Gerard Moy
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  • Intellectual Property Law
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USPTO announces expansion of prioritized exam system

On Behalf of Fogarty IP | Aug 24, 2025 | Intellectual Property

Prosecuting a patent is typically a lengthy process. After investing in research and development, a company must prosecute a patent to protect a new product. Typically, the process of prosecuting a patent takes longer than a year to complete.

The United States Patent and Trademark Office (USPTO) receives thousands of unique applications every month. Many of them include very technical details that require an in-depth examination by USPTO professionals. The examination process involves not only a thorough review of the application but also an assessment of existing patents. Ensuring that new applications do not infringe on existing patents is an important part of the examination process.

Many applicants wait months for a response from the USPTO. However, a larger pool of applicants could now qualify for expedited examination procedures.

The USPTO expanded its expedited review program

Unique programs can make patents more accessible for specific types of businesses. Certain patent applicants are eligible for priority or expedited consideration. In recent years, there have been pilot programs for cancer treatment patents, for example.

The prioritized patent examination program, also known as Track One, allows innovators to potentially prosecute a patent in under 12 months in some cases. Companies with cutting-edge products can then begin producing and distributing those new products with enhanced protection.

The USPTO has historically accepted 15,000 Track One applications each year. However, in June 2025, the USPTO announced a major expansion of the Track One program. Now 20,000 patent applicants each year are eligible for Track One processing. Requesting expedited processing when submitting a new patent application doesn’t even automatically increase application costs.

Typically, Track One processing is available for companies requesting a plant or utility patent. Organizations seeking to expedite the patent prosecution process often choose to outsource application paperwork and all patent maintenance responsibilities to specialized professionals. Frequently, neither business leaders nor general practice in-house counsel can adequately manage patent applications with the optimal level of efficiency and success.

Requesting Track One processing is a way for companies with cutting-edge ideas to protect those concepts and get them to market as quickly as possible. Organizations that may qualify for Track One patent processing may require assistance while seeking to take advantage of this new opportunity, and that’s okay.

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