USPTO's Speedy Patent Gamble: Decide Fast or Lose It All
Published Date: 4/9/2026
Notice
Summary
Starting April 9, 2026, the USPTO will test a new program where some patent applicants must decide early if they want to move forward, delay, or drop their patent based on international review results. This helps speed up patent processing and cut down on waiting times. If you’re picked, you’ll need to respond quickly or risk losing your application.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Reply Quickly or Risk Abandonment
If your application is selected, the USPTO will issue a requirement for information with a two-month reply period (the reply may be extended up to six months under 37 CFR 1.136(a)); you must use form PTO/SB/478 and submit a complete, properly signed reply selecting only one option. Failure to timely submit a complete PTO/SB/478 will result in abandonment of the application.
Selected PCT Applicants Must Choose Early
Starting April 9, 2026, some patent applications that entered the U.S. national stage under 35 U.S.C. 371 will be selected for the PCT Informed Examination Request (PIER) Pilot Program and the applicant will be required to indicate whether to proceed with examination, delay examination for 12 months, or expressly abandon the application based on PCT international phase work products. The USPTO says this is intended to speed up processing and reduce pendency and inventory.
Free 12‑Month Delay Option Available
Under the pilot, if you request delay of examination via PTO/SB/478, you may delay examination for a non-terminable 12-month period from the date the USPTO receives the request, at no additional cost. The delay is distinct from suspension/deferral under 37 CFR 1.103 and cannot be terminated early; the application will be docketed after the 12-month delay ends.
Proceeding Puts Application On Docket Fast
If you reply that you wish to proceed with examination (and submit a complete response), the application will be placed on an examiner's docket; you may also file a preliminary amendment in compliance with 37 CFR 1.115 to put the application in better condition for examination. A reply requesting delay will place the application on the examiner's docket after the 12‑month delay expires.
Eligibility Limited to 35 U.S.C. 371 Entries
Only international applications that entered the U.S. national stage under 35 U.S.C. 371 are eligible for selection in the pilot; applications filed under 35 U.S.C. 111(a) (including plant, design, and reissue applications) will not be selected. Participation is at the USPTO's sole discretion and petitions to opt out or be removed will not be granted.
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