Extension of the First-Time Filer Expedited Examination Pilot Program

The U.S. Patent and Trademark Office (USPTO) has announced an extension of the First-Time Filer Expedited Examination Pilot Program. This program aims to improve access to the patent system for inventors who are new to the patent application process, particularly those in historically underserved areas. Through this pilot program, eligible first-time filers can have their patent applications expedited for examination and receive early feedback from patent examiners, known as the “first office action.”

To be eligible for this program, the applicant and inventor must meet the following requirements at the time of filing the petition to make special:

– The applicant must confirm that the inventor, or if there are joint inventors, each joint inventor, has not been named as the sole inventor or joint inventor in any other U.S. nonprovisional application.

– The applicant must confirm that both the applicant and inventor, or if there are joint inventors, both the applicant and each joint inventor, qualify for micro entity status based on gross income basis requirement (the current maximum qualifying gross income is $223,740).

– The applicant must confirm that the inventor, or if there are joint inventors, each joint inventor named in the application, has a basic understanding of the USPTO’s patent application process. For applicants uncertain about meeting this requirement, resources for patent application training can be found on the pilot program’s webpage (https://www.uspto.gov/FirstTimePatentFiler).

Originally set to conclude on March 11, 2024, the USPTO has decided to extend the pilot program until either March 11, 2025, or until the USPTO has approved a total of 1,000 petitions from the start of the program, whichever comes first.

In the program’s first year, over 350 petitions requesting participation have been submitted, with more than 142 accepted and 15 patents granted.