Accelerating Patent Prosecution With Prioritized Examination

By Steve Laut

At Sherman IP LLP, we’re dedicated to helping our clients protect their intellectual property with speed and precision. One standout option from the U.S. Patent and Trademark Office (USPTO) is the Track One Prioritized Examination program for patent applications. In this article, we’ll break down what Track One is, how it works, when it’s the right choice for an applicant, its benefits, associated costs, the USPTO’s annual limit, practical tips for success, and why it remains a vital tool for today’s innovators in some of their patent applications.

What Is Track One Prioritized Examination?

Track One is a FAST-TRACK pathway for utility and plant patent applications, launched under the America Invents Act. It promises a final disposition—such as a notice of allowance, final rejection, or abandonment—within approximately 12 months from the date the request is granted by the patent office. Compared to the standard patent process, which often stretches beyond 25 months, Track One prioritizes your application, by passing much of the backlog.

This is important for certain innovations in the process of commercialization where the USPTO back log on examination can cost an innovator dearly. We hear from many of our clients who are frustrated with the governmental delay. This program helps to address those needs, but it is only applicable in certain circumstances.

To qualify, you must file the patent application electronically (for utility patents) or in paper (for plant patents), include no more than four independent claims and 30 total claims, and avoid multiple dependent claims. It’s available for new filings or, in certain cases, Requests for Continued Examination (RCEs), provided the request accompanies the initial filing or RCE.

When Should You Use Track One for a Patent Application?

Track One isn’t a one-size-fits-all solution, but it’s a game-changer in specific situations:

Time-Sensitive Markets: In fast-evolving fields like tech, biotech, or clean energy, early patent protection can lock in your competitive edge. Alternatively, delays in filing and obtaining protection can destroy a company’s economic future.
Fundraising or Licensing: Startups and businesses pitching to investors or partners often need a granted United States Patent to strengthen their IP portfolio. An issued Patent with strong claims can often make the difference in raising funds or licensing fees by orders of magnitude.
Infringement Risks: If you suspect competitors might replicate your invention, expedited issuance enables faster enforcement.
Product Launches: Syncing patent approval with a product debut can maximize market impact and deter copycats.

Elect to pursue Track One when speed is critical, and your patent application is well written and supported; significant amendments after filing can complicate the accelerated timeline, push back issuance and deteriorate protection. When seeking Track One, Sherman IP recommends more time be spent by you up front in strategizing claims, often adopting a strategy to seek early allowances with a substantial continuation practice planned to follow behind once an early allowance is obtained. Thereby you can achieve enhanced protection in the marketplace across a portfolio at a reduced cost and timeline.

Benefits of Track One

Track One delivers clear advantages:

Speed: The USPTO aims for a first Office Action within months and a final disposition within 12 months. In 2023, the average time for disposition was just over five months—far quicker than the 25-month norm.
Higher Allowance Rates: Track One applications often achieve allowance rates near 60%, outpacing standard patent applications, likely due to streamlined prosecution, thoughtful patent application drafting and focused initial patent claims.
Strategic Edge: Early issuance bolsters your position in negotiations, litigation, or market entry. Pair it with programs like the Patent Prosecution Highway (PPH) for faster international filings.

These benefits make Track One a powerful tool for clients needing swift, reliable protection from their patent applications.

USPTO Costs

Track One requires additional patent application fees, which vary by entity size (as of January 19, 2025, USPTO fee schedule):

Large Entity: $4,200 prioritized examination fee + $140 processing fee = $4,340 total.
Small Entity: $1,680 prioritized examination fee + $70 processing fee = $1,750 total.
Micro Entity: $840 prioritized examination fee + $35 processing fee = $875 total.

These fees are in addition to standard USPTO patent application filing, search, and examination fees. The costs are non-refundable, even if the PTO rejects your patent application. So assess patentability carefully upfront. At Sherman IP LLP, we help clients balance these expenses against the potential cost of delayed protection, especially in industries with short product lifecycles.

USPTO Limit of 15,000 Patent Applications Per Year

The USPTO caps Track One patent application at 15,000 requests per fiscal year (October 1–September 30). Raised from 12,000 in 2021, this limit reflects growing demand—over 12,936 Track One patent applications were filed in fiscal year 2023. Once the cap is hit, no further Track One patent application requests are accepted until the next fiscal year. While the limit hasn’t been reached early in recent years, filing as early as possible minimizes the risk of missing out as popularity rises.

Tips for Success with Track One

To make the most of Track One patent application practice, consider these practical insights:

File a Strong Patent Application: With examination starting soon after filing, ensure your patent claims are precise, and your patent specification is robust. Amendments can delay progress or risk losing priority status.
Act Early in the Fiscal Year: Filing early, preferably in October–December secures a spot on the Track One FAST-TRACK roster, before demand peaks, reducing the chance of hitting the 15,000-application ceiling.
Leverage Examiner Interviews: Quick Office Actions (due within three months, extendable to six with a fee) mean less response time. Proactive interviews with Patent Examiners can clarify issues and speed resolution. Our experience with Patent Examiner Interviews shows a well-prepared argument and thoughtful discussion regularly advances the application towards allowance.
Budget Time and Resources: The compressed timeline demands swift action from your internal team or counsel. Confirm readiness to prioritize responses. You need to be available for your counsel and your counsel needs to have the bandwidth to dedicate to immediate response. Our experience shows that client delays and unavailability can often sabotage the process.
Think Globally: A fast U.S. Patent can likewise accelerate foreign filings via the PPH, amplifying your international strategy and reducing long term costs.

These steps help avoid pitfalls—like non-refundable fees or procedural delays—and align Track One with your broader goals.

Track One in Today’s Innovation Landscape

For today’s inventors and businesses, Track One remains a proven strategy to secure timely patent protection in high-stakes industries. Whether you’re pioneering cutting-edge AI, advancing life-saving medical devices, or breaking ground in sustainable tech, this expedited patent application program accelerates your path to market leadership. At Sherman IP LLP, we’ve witnessed firsthand how Track One empowers clients to stay ahead of competitors, attract investment, and protect their innovations when it matters most—delivering results that drive success in 2025 and beyond.

Track One Prioritized Examination is a strategic asset for innovators who CAN NOT afford delays. At Sherman IP LLP, we’ve seen how this FAST-TRACK patent application process accelerates protection, enhances competitiveness, and drives success. Whether you’re weighing Track One or refining your IP strategy, Sherman IP LLP’s team is here to help. Contact us today to ensure your innovations get the protection they deserve—right when you need it.

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