USPTO Launches Streamlined Claim Set Pilot Program

The United States Patent and Trademark Office (USPTO) has announced the launch of the Streamlined Claim Set Pilot Program in an effort to evaluate how limiting the number of claims under examination impacts pendency and examination quality. Under the pilot program, certain pending utility patent applications that have no more than one independent claim and no more than 10 total claims may be eligible for expedited examination. The Office anticipates that focusing examination resources on filed but unexamined applications that have streamlined claim sets will enhance efforts to reduce the USPTO's inventory and pendency.  

Eligibility  

To be eligible for participation in the pilot program, an application must:  

• Have no more than one independent claim 
• Have no more than 10 total claims 
• Have no multiple dependent claims 
• Comply with the claim dependency format specified in the pilot program notice 

The pilot program is limited to original, noncontinuing utility patent applications filed under 35 U.S.C. § 111(a). National stage applications filed under 35 U.S.C. § 371 are not eligible for participation.  

Applicants must also certify that no inventor or joint inventor has been named as the inventor or a joint inventor on more than three other nonprovisional applications for which a petition to make special under this program has been filed.

Dates 

The pilot program is available for original, noncontinuing utility patents filed before October 27, 2025. The USPTO began accepting petitions to make special on October 27, 2025, and will continue to accept them through either October 27, 2026, or the date on which each technology center that examines utility applications has docketed at least approximately 200 pilot program applications. 

Petition process  

Applicants must file a timely petition to make special under the pilot program, along with a petition fee, before the issuance of a first Office action, including a written restriction requirement. The Office generally will dismiss petitions filed under the pilot program if the application has already been docketed to an examiner at the time the petition is being reviewed for decision.  

Applicants may comply with the claim requirements of the pilot program by filing a preliminary amendment before or with the petition to make special. However, the entry of a preliminary amendment will not be contingent upon the grant of the petition to make special, and a preliminary amendment will not entitle applicants to a refund of previously paid excess claim fees. If there is a nonpublication request in the application, the applicant must file a recission of the nonpublication request no later than the time the petition to make special is filed.  

Due to the limited duration of the pilot program and the limited number of applications being accepted into it, applicants will not have an opportunity to correct deficiencies in dismissed petitions.  

Examination of applications under the pilot program  

Applications afforded special status under the pilot program will be placed on an examiner's special docket until a first Office action is issued. After the first Office action, the application will be entered into the examiner's regular docket.  

For applications accepted into the pilot program, the examiner may refuse entry of any amendment that would result in a set of pending claims with more than one independent claim, more than 10 total claims, or a multiple dependent claim.  

The examiner may also refuse entry of any amendment that would result in a claim other than the independent claim being noncompliant with the pilot program's dependency format. To comply with the dependency format, a dependent claim must refer to a previous claim, include every limitation of the previous claim referred to, and then specify a further limitation of the subject matter of the previous claim. The reference to the previous claim must also appear in the preamble, and the claim must be directed to the same statutory class of invention as the independent claim. If an application is granted special status under the program, the applicant must agree to comply with the claim requirements of the pilot program during the remainder of the application’s pendency. 

Due to the claim set requirements of the pilot program, the Office anticipates fewer restriction requirements for pilot program applications than non-pilot program applications. If an examiner believes that a requirement for a restriction is appropriate, he or she will try to contact the applicant telephonically in accordance with the procedure for telephone restriction practice. If the applicant does not make an election (e.g., by not replying to a request for a telephonic interview within five days of the examiner's request), the examiner will mail a written restriction requirement, and the application will no longer be treated as special.  

Takeaways 

Applicants who wish to take advantage of the pilot program's benefits should be aware of its constraints, most notably that applications cannot be amended to include additional claims. This may present a pain point for applicants who seek patent protection across multiple statutory classes. Applicants should also carefully track the named inventors in their applications, as the pilot program places a cap on the number of petitions per inventor. Furthermore, the program rules state that the Office generally will dismiss petitions for applications that have been docketed to examiners — a step that can occur much earlier than the issuance of a first Office action.  

Given the limited window of opportunity to file petitions and the relatively small number of petitions the Office will grant, applicants who wish to participate in the pilot program should act quickly, especially for patent applications that are in high-demand technology fields. 

For more information about the pilot program and whether it makes sense for your patent strategy, contact your Fish attorney.