First-Time Filer Expedited Examination Pilot Program FAQs

Eligibility

This pilot program is designed for inventors who have not previously been named as an inventor in a U.S. nonprovisional patent application. Applicants and inventors must qualify for micro entity status under the gross income basis requirement. Please see the program webpage at www.uspto.gov/FirstTimePatentFiler and the Federal Register Notice on the First-Time Filer Expedited Examination Pilot Program (88 FR 14607 (March 9, 2023) for a full explanation of the eligibility requirements.

No. There is no extra fee to participate in the program.

The fee for the petition under the program has been waived. However, you must still pay all other fees associated with filing the application, such as the basic filing, search, and examination fees, and an application size fee if required.

No. A U.S. design application is a nonprovisional patent application. Therefore, you would not be considered a first-time filer under this pilot program because you were previously named as an inventor in a U.S. nonprovisional application. (See 37 CFR 1.9(a)(3) and section 201.01 of the Manual of Patent Examining Procedure).

Filing process

No. The petition can be filed at any time before the examiner sends out a first office action in your application. However, you should not file the petition to make special before your application is complete under 37 CFR 1.51(b). If you do, the petition will be dismissed without an opportunity for correction.

To help ensure your patent application is complete under 37 CFR 1.51(b) by the time you file a petition to make special under this program, you may delay filing your petition until a filing receipt is issued and you are sure the application includes the following:

  • a specification,
  • drawing(s), if necessary,
  • at least one claim,
  • an oath or declaration in compliance with 37 CFR 1.63 (or a substitute statement in compliance with 37 CFR 1.64) for each named inventor, and
  • payment of all appropriate fees (that is, basic filing, search, and examination fees, and an application size fee, if required). 

Your application is likely complete under 37 CFR 1.51(b) if: 

(1)  you do not receive any deficiency notice with the filing receipt, or

(2)  you receive a deficiency notice with the filing receipt, but the notice does not indicate that the specification, drawing(s), and/or claim(s) is missing, or that an inventor’s oath/declaration or any necessary fee is missing or deficient.

The following example illustrates the advantage of delaying the filing of the petition to make special until the application is complete.

Assume that you filed a nonprovisional utility application and received a filing receipt and a deficiency notice stating that the inventor’s oath/declaration did not comply with 37 CFR 1.63 (for example, the inventor’s name does not match what is in the application data sheet, it was improperly signed, etc.). You then corrected the deficiency in the oath/declaration and responded to the deficiency notice. The office then issued a corrected filing receipt with no notice. The application would then be complete because the deficiency in the inventor’s oath or declaration was resolved, and the application would still be eligible for the program if all other program requirements were met. 

By contrast, had you filed a noncompliant inventor’s oath/declaration along with the petition, the petition would have been dismissed without an opportunity for correction. So, it is best to wait until you are sure that your application is complete before filing the petition.  

Once placed on an examiner’s special docket, applications typically receive a first office action within 28 days.

No, unless you are a registered patent practitioner. A registered patent practitioner must sign the ADS when someone other than a person (e.g., a company) is listed as the applicant. An improperly signed ADS may prevent other papers from being compliant, which results in an incomplete application.

If your patent application is not complete as of the date the petition to make special under this program is filed, your petition will be dismissed with no opportunity to correct the deficiency. Therefore, it is important to ensure that your ADS is properly signed and your application is complete prior to filing the petition.

For more information on the general requirements of an application, please see 37 CFR 1.51(b).

 

Yes. You may not email, mail, or fax your patent application or petition. You must file the application and petition electronically using Patent Center.

No. You must file your application electronically using Patent Center, and you must submit the specification, claim(s), and abstract in DOCX format when you file the application.

No. You must submit the specification, claim(s), and abstract in DOCX format when you file the application.

For help with filing using the USPTO’s Patent Electronic Systems, contact the Patent Electronic Business Center (EBC) at 866-217-9197 (during its operating hours of 6 a.m. to midnight ET, Monday-Friday) or ebc@uspto.gov. More information about the EBC is available on the EBC webpage.

Customer support

Yes. Getting a patent can be a complex process, and the use of an experienced agent or attorney can help you navigate this process. Inventors and small businesses that meet certain financial thresholds and other criteria may be eligible for free legal assistance in preparing and filing a patent application through the Patent Pro Bono Program or the Law School Clinic Certification Program.

You must be reasonably trained on the basics of the USPTO’s patent application process before applying to the First-Time Filer Expedited Examination Pilot Program. You can find available patent application training resources on the pilot program’s webpage at www.uspto.gov/FirstTimePatentFiler.

If you are filing a patent application on your own, you can find helpful information in the legal resources section of the USPTO’s website. For help with filing your application using the USPTO’s Patent Electronic Systems, you may contact the Patent EBC at 866-217-9197 (during its operating hours of 6 a.m. to midnight ET, Monday-Friday) or ebc@uspto.gov.

For more information about the First-Time Filer Expedited Examination Pilot Program, please visit www.uspto.gov/FirstTimePatentFiler, email CI2FirstTimeFilerPilot@uspto.gov, or contact the Office of Patent Legal Administration at 571-272-7704.