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USPTO Raises Track One Cap to 20,000, Boosting Fast-Track Patent Grants
Release Time:
2025-08-12
USPTO Significantly Increases Annual Limit for Track One Prioritized Examination to 20,000 Applications
On July 7, 2025, the United States Patent and Trademark Office (USPTO) significantly announced that, effective July 8, 2025, the annual cap on accepted requests for Track One prioritized examination will be substantially increased from the previous 15,000 applications to 20,000 applications per year.
This move follows previous expansions of the Track One cap to 12,000 in 2019 and 15,000 in 2021, representing a further increase in the annual limit for Track One requests.
What This Means: The significant surge in available Track One slots will greatly alleviate applicants' concerns about missing out on accelerated examination due to quota limitations. Particularly after the closure of the Accelerated Examination (AE) program, Track One has become the core option for achieving a final disposition within approximately 12 months. This is undoubtedly a significant benefit for applicants seeking rapid patent grant.
01 What is Track One?
Track One is a prioritized examination program launched by the USPTO in 2011. Its core advantage lies in significantly shortening the examination timeline without requiring additional work from the applicant beyond payment of a fee. The program targets issuing a final disposition within approximately 12 months from the application filing date.
With its broad applicability and low entry barriers, Track One is an excellent strategy for enterprises aiming to shorten the patent grant cycle. Consequently, demand for Track One has consistently exceeded the annual cap, leading to a steady increase in requests over the years.
02 Reasons for Increasing the Cap
Responding to Market Demand: This USPTO action is not arbitrary but stems from a deep understanding of market needs. The announcement explicitly states that Track One requests received in Fiscal Year 2024 exceeded the existing 15,000 cap. To better meet applicant demand, enhance examination efficiency, and ensure more timely patent examination, the USPTO decided to raise the Track One cap.
Closure of AE Program: Effective July 10, 2025, the USPTO officially terminated the Accelerated Examination (AE) program for utility patents. AE required pre-examination searches and supporting documents, whereas Track One offers a simpler process (albeit at a higher fee) with comparable efficiency, making it the sole remaining official accelerated pathway.
Alongside the speed-focused Track One, the free Patent Prosecution Highway (PPH) program also offers a valuable acceleration option, potentially providing significant cost savings.
Addressing Application Backlog: To tackle the backlog of 814,500 unexamined applications (as of May 2025), the USPTO is implementing multiple measures, including reallocating examiners and introducing AI-powered search tools. Expanding Track One capacity is a key component of this strategy, aiming to enhance overall examination efficiency by prioritizing high-value applications.
This rule change is undoubtedly positive news for applicants seeking rapid patent grant, allowing them greater flexibility to align Track One filings with their R&D cycles, market strategies, and budgetary considerations.
03 Track One Eligibility Requirements:
Scope: Applies to original utility or plant patent applications filed under 35 U.S.C. § 111(a) (filed on or after September 26, 2011), including Continuation Applications (CA), Continuation-in-Part (CIP), Divisional Applications (DA), and applications after a Request for Continued Examination (RCE). Not applicable to PCT national stage entries, design patents, or reissue applications.
Claim Limits: No more than 4 independent claims and 30 total claims. Multiple dependent claims are not permitted.
Fees (Updated July 2025):
Large Entity: $4,515
Small Entity: $1,806
Micro Entity: $903
The Track One fee must be paid concurrently with the filing or basic national fee, examination fee, and publication fee.
Conclusion:
This Track One expansion is more than just a numerical adjustment; it represents a strategic response by the USPTO to global innovation competition. For applicants, it signifies a shift from passively waiting for slots to proactively planning acceleration strategies. Companies can now strategically time their Track One filings based on R&D progress, market windows, and funding availability, while also leveraging cost-optimization options like the free PPH program.
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