USPTO Speeds Up Patent Appeals, Cutting Wait Times in Half
Published Date: 5/6/2026
Notice
Summary
The USPTO is extending its Fast-Track Appeals Pilot Program until May 6, 2028, letting inventors speed up their patent appeal reviews. Now, decisions will come even faster—within four months instead of six! This helps inventors get answers quicker without changing fees, making the patent process smoother and snappier.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Fast-Track Program Extended to 2028
If you have a docketed ex parte appeal before the Patent Trial and Appeal Board, the USPTO is extending the Fast-Track Appeals Pilot Program so it will accept petitions to advance appeals out of turn through May 6, 2028. The program is effective beginning May 6, 2026 and will run until May 6, 2028.
Decision Time Cut to Four Months
Effective in this extension, the Fast-Track Appeals Pilot Program sets a new target of reaching a decision on each ex parte appeal within four months from the date the appeal enters the program, instead of the prior six-month target.
Quarterly Cap on Granted Fast-Track Petitions
The program continues to limit the number of granted Fast-Track petitions to 125 granted petitions per quarter; there is no longer an overall 500-petition total cap. If a quarterly limit is reached, the PTAB retains flexibility to accept additional petitions for that or the next quarter.
Petition Requires Paying Specified Fee
To participate in the Fast-Track Appeals Pilot Program, appellants must file a petition under 37 CFR 41.3 and pay the petition fee specified in 37 CFR 41.20(a) when submitting a Fast-Track petition.
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