Expedited patent examination offers applicants a way to obtain faster decisions on their patent filings. Two primary options are the Patent Prosecution Highway (PPH) and the USPTO’s Track 1 program. While both aim to accelerate examination, they differ in eligibility, cost, and process. Understanding these differences helps applicants choose the most effective route for their specific needs.

PPH (Patent Prosecution Highway)

The Patent Prosecution Highway (PPH) accelerates examination of corresponding patent applications filed in participating IP offices. If at least one claim is found allowable by a first office, the applicant can request fast-track examination in a second office. By leveraging existing expedited procedures, PPH enables quicker and more efficient patent decisions—at no additional cost.

Track 1

Track One is the USPTO’s prioritized examination program for utility and plant patent applications, offering a final decision within 12 months. It provides special status with fewer requirements than accelerated examination and no need for a pre-examination search. Available for a fee, Track One can be requested with the original filing or with an RCE.

Guidelines

U.S. patent applications eligible for PPH must meet the following requirements:

• At least one claim in a corresponding application must be allowed at an eligible* Office of Earlier Examination (OEE).
• The U.S. application must have the same earliest priority date as the OEE application.
• Substantive examination of the U.S. application must not have started.

Quick Tips for Filing a U.S. PPH Request:

• Notify Legal Counsel Early: File after at least one claim is allowed in an OEE and before U.S. examination begins.
• Submit OEE Work Product: Include the latest document showing allowed claim(s); provide an English translation if needed (machine/manual accepted).
• Share Allowed OEE Claims in English: Helps prepare the claim correspondence table for the PPH request.

Read Also: Expedited Examination Making grant of patents faster in India

Track One Prioritized Examination – Key Requirements

• Application must include a specification with no multiple-dependent claims, max 4 independent claims, and no more than 30 total claims
• Include any required drawings
• Must be filed via USPTO’s electronic filing system (EFS-Web or Patent Center)

The fees required to be paid on a utility patent application upon filing a request for prioritized examination of that application are:

• Basic filing fee, as set forth in 37 CFR 1.16(a).
• Search fee, as set forth in 37 CFR 1.16(k).
• Examination fee, as set forth in 37 CFR 1.16(o).
• Publication fee, as set forth in 37 CFR 1.18(d).
• Prioritized examination processing fee, as set forth in 37 CFR 1.17(i).
• Prioritized examination fee, as set forth in 37 CFR 1.17(c). EFS-Web Prioritized Examination Quick Start Guide 4
• If applicable, any application size fee, due because the specification and drawings exceed 100 sheets of paper, as set forth in 37 CFR 1.16(s).
• If applicable, any excess independent claim fee, due because the number of independent claims exceeds three, as set forth in 37 CFR 1.16(h).
• If applicable, any excess claim fee, due because the number of claims exceeds twenty, as set forth in 37 CFR 1.16(i).
• If requesting prioritized examination for an RCE, RCE fee, as set for in 37 CFR 1.17(e).

Way Forward

PPH speeds up patent examination by using fast-track procedures across participating offices at no extra fee, helping applicants reach final decisions faster and more efficiently. Track One offers prioritized examination within 12 months for a fee, with fewer requirements than accelerated examination and no pre-examination search. Unlike Track One, which may pressure examiners to limit claims or reject applications quickly, PPH leverages the examiner’s prior knowledge to support a smoother prosecution process.

About Effectual Services

Effectual Services is an award-winning Intellectual Property (IP) management advisory & consulting firm offering IP intelligence to Fortune 500 companies, law firms, research institutes and universities, and venture capital firms/PE firms, globally. Through research & intelligence we help our clients in taking critical business decisions backed with credible data sources, which in turn helps them achieve their organisational goals, foster innovation and achieve milestones within timelines while optimising costs.

We are one of the largest IP & business intelligence providers, globally serving clients for over a decade now. Our multidisciplinary teams of subject matter experts have deep knowledge of best practices across industries, are adept with benchmarking quality standards and use a combination of human and machine intellect to deliver quality projects. Having a global footprint in over 5 countries helps us to bridge boundaries and work seamlessly across multiple time zones, thus living to the core of our philosophy - Innovation is global, so are we !!!

Follow Us: LinkedIn, Twitter