USPTO Discontinues Accelerated Examination Program for Utility Applications
The United States Patent and Trademark Office (USPTO) has announced a significant shift in its approach to expedited patent examination: the discontinuation of the Accelerated Examination (AE) program for utility patent applications, effective July 10, 2025. Since its introduction in 2006, the AE program has provided a unique—if not demanding—route for applicants to obtain rapid examination and disposition of their applications. With this change, the USPTO is streamlining its processes and redirecting resources toward more widely used and efficient pathways. In this post, I explore the reasons behind the discontinuation, clarify which applications are affected, and outline the alternative options for those seeking to accelerate examination at the USPTO.
What Was the Accelerated Examination Program, and Which Applications Were Eligible?
The AE program, introduced by the USPTO in 2006, was designed to provide applicants with a mechanism to obtain a final disposition of their patent application, namely, allowance, abandonment, or appeal, within 12 months from the filing date. Under this program, applicants could have their application advanced out of turn for examination by filing a petition to make special, provided they satisfied specific requirements.
Key Features and Requirements:
The AE program was available for any non-reissue utility or design application filed under 35 U.S.C. 111(a) on or after August 25, 2006. Plant applications, reissue applications, applications entering the national stage from a PCT filing, reexaminations, RCEs (unless the application was already granted AE status), or applications made special based on age, health, or participation in the Patent Prosecution Highway (PPH) pilot program were not eligible.
The application and all follow-on submissions had to be filed via EFS-web.
Applications had to contain no more than three independent and 20 total claims, with no multiple dependent claims permitted.
The claims had to be directed to a single invention, or the applicant had to agree to elect without traverse a single invention for examination.
The application needed to be complete and in condition for examination upon filing, including the petition to make special and the appropriate fee (or a statement of eligibility for a fee waiver if the invention related to environmental quality, energy conservation, or counterterrorism).
Applicants were required to conduct a thorough pre-examination search and submit a detailed statement outlining the search strategy, databases used, and search logic.
The applicant had to prepare and file an Accelerated Examination Support Document (AESD), which included an information disclosure statement (IDS) citing the most relevant references, a mapping of claim limitations to the cited references, a detailed explanation of why the claims were patentable over the cited art, a concise statement of the utility of the invention as defined in each of the independent claims, and a showing of where each limitation of the claims found support under 35 U.S.C. 112(a) in the written description of the specification.
The applicant agreed to participate in an interview with the Examiner, if requested.
Why Is the USPTO Discontinuing the Accelerated Examination Program?
The USPTO’s decision to sunset the AE program for utility applications is rooted in a combination of practical and strategic considerations:
Low Utilization: Over the past decade, the AE program has dramatically declined in use. Fewer than 100 applicants per year have used AE since 2014, a stark contrast to its early days and to the popularity of newer alternatives.
Resource Allocation and Efficiency: Administering the AE program is resource-intensive for the Office. Each AE petition requires extensive review and ongoing monitoring throughout prosecution, diverting examiner resources from examining older, unexamined applications. Notably, many AE petitions are denied (e.g., one-third in 2024), resulting in wasted effort for applicants and the Office.
Redundancy with Track One: The introduction of the prioritized examination program, known as Track One, under the America Invents Act AIA in 2011 has rendered AE largely redundant. Track One offers an expedited examination for a fee, without the burdensome requirements of AE (such as pre-examination searches and accelerated examination support documents). Track One has proven far more popular, with annual caps raised repeatedly to accommodate demand (from 10,000 to 15,000, and soon to 20,000 requests per year).
Reducing Pendency and Administrative Overhead: The USPTO is under pressure to reduce overall first-action pendency, which has increased from approximately 14.7 months in 2019 to nearly 20 months in 2024. Eliminating underused, resource-heavy programs like AE is part of a broader effort to streamline operations and focus examiner resources where they are most needed.
What Applications Are Affected?
The discontinuation applies only to utility patent applications. The AE program will remain available for design applications, as there is currently no alternative expedited design examination pathway.
Any AE petition for a utility application filed on or after July 10, 2025, will not be granted, regardless of the application’s original filing date or any prior AE petition.
What Options Remain for Expedited Examination?
With AE off the table for utility applications, practitioners and applicants still have several viable pathways to accelerate examination:
Track One (Prioritized Examination): This is now the primary route for expediting utility (including those that materially enhance the quality of the environment, contribute to the development or conservation of energy resources, or contribute to countering terrorism) and plant applications. Applicants pay a fee (with significant discounts of 60% and 80% for small and micro entities) and are spared the need to prepare a pre-examination search or accelerated examination support document. Track One is available regardless of subject matter, and the USPTO is increasing capacity to meet growing demand.
Petition to Make Special (Age or Health): Under revised rules, applications can still be advanced out of turn without a fee if the petition is based on the inventor’s (or a joint inventor’s) age (e.g., is 65 years old or older) or health. Notably, the basis must now be the inventor’s—not the applicant’s—age or health, reflecting changes in terminology post-AIA.
Other Special Status Grounds: Certain categories, such as applications related to national security or those under specific pilot programs, may still be eligible for special status, though these are narrowly defined and not generally applicable to most applicants.
Final Thoughts
The discontinuation of the Accelerated Examination program for utility applications represents a pragmatic evolution in the USPTO’s expedited prosecution framework. While AE once filled a critical need for applicants seeking rapid examination, its procedural burdens and declining use have made way for the more accessible and scalable Track One prioritized examination program. By retiring AE, the USPTO is freeing up examiner resources and reinforcing its commitment to reducing pendency and administrative overhead.
For practitioners, the message is clear: Track One is now the primary vehicle for expedited utility patent prosecution. Those accustomed to AE should pivot to Track One, utilizing its streamlined requirements and expanded capacity. As always, staying informed and adapting prosecution strategies to the evolving USPTO landscape will be essential for achieving timely and effective patent protection.
This post was written by Lisa Mueller.