Should tax payer-funded drugs be allowed to be patented?
Getting a patent approved just got a little faster – at least for those ready to pay for speed. As of July 8, 2025, the U.S. Patent and Trademark Office (USPTO) has raised the annual cap on prioritized examination requests from 15,000 to 20,000. This adjustment significantly increases access to the Track One program and other expedited routes for applicants who want a decision on their patent application within a year.
The expanded limit includes all granted prioritized examination requests—whether for new applications or those tied to a request for continued examination (RCE) in already pending filings. The USPTO implemented the change immediately through a final rule, skipping the usual public comment period. According to the agency, demand for faster patent review has remained high, and this move aims to meet growing interest without causing delays for others in the queue.
Track One is the USPTO’s flagship program for faster patent review, offering applicants a path to final disposition – approval, rejection, or abandonment – within 12 months of acceptance into the program. It’s open to original nonprovisional utility and plant applications, including continuations, divisionals, and continuation-in-part filings. The same fast-track option is also available in certain pending cases after an RCE, as long as the request is submitted before the next Office action.
To qualify, applications must meet strict claim limits: no more than four independent claims, 30 total claims, and no multiple dependent claims. These constraints help the USPTO maintain rapid processing timelines.
This policy update follows the recent phase-out of several other fast-track initiatives. Notably, the Accelerated Examination program for utility applications is set to sunset on July 10, 2025. With fewer alternative options available, the increased Track One capacity is expected to fill that gap while maintaining or improving overall processing times.
USPTO data shows that prioritized applications move significantly faster than standard ones. Track One filings currently average around 4.5 months from petition approval to final decision— – to a typical pendency of over 26 months for standard filings that haven’t gone through RCE.
Interest in the fast-track process continues to rise. More than 15,000 prioritized requests were submitted in fiscal year 2024, and fiscal year 2025 is on pace to surpass that, with nearly 11,000 requests filed by May alone.
For inventors and companies needing patents on a tight timeline – especially those in competitive fields like biotech, software, and electronics – the USPTO’s latest move is likely to be seen as a timely and valuable expansion.
Patent law also raises broader policy questions, including Should tax payer-funded drugs be allowed to be patented?
To obtain enforceable rights, a non-provisional patent application must be filed and examined by the USPTO.
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