USPTO Raises Annual Cap on Prioritized Patent Examination Requests

The US Patent and Trademark Office (USPTO) has finalized a rule increasing the annual limit on accepted requests for prioritized patent examination from 15,000 to 20,000, effective with fiscal year 2025 (FY 2025). This adjustment is intended to accommodate sustained growth in demand for expedited examination while maintaining examination efficiency and pendency.

Background

Authorized by the Leahy-Smith America Invents Act (AIA), the USPTO’s prioritized examination program initially capped annual requests at 10,000, unless a higher limit was set by regulation. In response to growing demand, the USPTO raised the cap to 12,000 in 2019 and again to 15,000 in 2021 through interim rulemaking. In fiscal year 2024, requests exceeded the 15,000 threshold, prompting the present rulemaking to further expand access to the program.

Rationale and Impact

The USPTO determined that increasing the cap to 20,000 will not adversely affect overall pendency. Prioritized requests remain a small fraction of the total examination workload. Furthermore, the expiration or discontinuation of several programs that previously advanced applications out of turn, such as the Semiconductor Technology Pilot Program and the Cancer Moonshot Expedited Examination Pilot Program, helps offset the expected impact of the increased cap.

The change is procedural and does not affect the substantive criteria for patentability. The USPTO anticipates a net neutral or positive impact on examination timelines and notes that the expansion supports long-term capacity-building within the Office.

Procedural Considerations

The final rule amends 37 CFR 1.102(e) to reflect the increased annual cap. It was implemented without prior notice and comment under the Administrative Procedure Act, based on a “good cause” exemption due to its procedural nature and the public interest in prompt adoption. The rule imposes no new burdens on applicants and does not alter existing information collection obligations under the Paperwork Reduction Act.

Regulatory Review

The rule has been classified as non-significant under Executive Order 12866 and is not expected to have a major economic effect. It does not trigger additional requirements under the Regulatory Flexibility Act or raise issues related to federalism, tribal consultation, or other statutory mandates governing regulatory actions.

Practical Considerations

Applicants intending to request prioritized examination should take note of the increased availability beginning in FY 2025. The criteria and procedures for making such requests remain unchanged. The expanded cap simply allows more applications to benefit from expedited review.

The USPTO will continue monitoring demand and operational impact, with the new limit to remain in place until modified by future rulemaking.