For applicants seeking faster patent issuance through accelerated USPTO review, the Track One Prioritized Examination program offers a practical route to an early final disposition. With a USPTO goal of reaching allowance or final rejection within 12 months, Track One is often valuable for companies with time-sensitive innovations, defined product embodiments, or commercialization-driven deadlines.

Track One is an optional, fee-based program available for qualifying utility patent applications. The benefits depend on timing, claim structure, and an applicant’s readiness to meet strict procedural requirements.

What Is USPTO Track One Prioritized Examination?

Track One provides expedited examination for applications that meet specific filing and claim requirements. Once accepted, the USPTO aims to complete examination within 12 months. The program is often used when applicants need:

• Issued claims to support product launch, regulatory engagement, licensing, and/or investment
• Early clarity on patentability
• Protection for a defined embodiment or commercial product

Because examination proceeds quickly, applicants should expect to respond on-time to Office Actions and faster interactions with the USPTO.

Eligibility Requirements for Track One Prioritized Examination

 

When a Track One Request Can Be Filed

A request may only accompany:

• A newly filed U.S. nonprovisional application, or

• A Request for Continued Examination (RCE)

 

Eligible Application Types

• Utility patent applications

• Plant patent applications

Track One is not available for U.S. national phase (371) filings or design applications.

Claim Limitations

Applications must meet the following limits at filing:

• No more than 4 independent claims

• No more than 30 total claims

• No multiple dependent claims

Amendments may be filed at the time of the request to ensure compliance.

Required Filings

Each application must include either:

• An Application Data Sheet (ADS), or

• A signed inventor declaration

Applicants often satisfy this requirement by filing an ADS with the application.

Track One Annual Quota and Program Availability

The USPTO accepts a limited number of Track One requests each fiscal year. As of July 8, 2025, the cap increased to 20,000 requests. Historically, this limit has not been reached, so program availability is rarely a concern for applicants.

Track One Examination Timeline: From Filing to First Office Action

Track One significantly accelerates the typical USPTO timeline.

Acceptance Into the Program

When formalities are met, requests are typically accepted within about two months.

First Office Action

After acceptance:

• An Examiner is assigned quickly

• A first Office Action often issues within about one month

• Applicants should expect to receive their first substantive communication 2–3 months after filing

When a Track One Request is filed with a new U.S. Utility application, early engagement with the Examiner allows applicants to assess patentability and adjust strategy much earlier than during standard examination.
 

Overall Prosecution Timeline Under Track One

The USPTO’s objective is to issue a final disposition within 12 months. Many applications conclude sooner, particularly when they respond promptly after issuance of the first substantive Office Action and interview the application with the Examiner.
 

Critical Constraint: No Extensions

Requesting an extension of time automatically removes the application from Track One. Applicants must be prepared to meet all deadlines on schedule.

Fees for USPTO Track One Prioritized Examination

Current USPTO fees for prioritized examination are:

• Small entity: $1,806

• Large entity: $4,515

These fees are in addition to standard filing and professional fees.

Strategic Benefits of Track One for Patent Applicants

 

Track One supports several strategic goals:

Early Protection for Product/Methods that Have Been or Are Ready for Launch

Applicants can secure claims tied to a specific product or method and pursue broader coverage through continuation applications.

Earlier Patentability Insight

A fast first Office Action provides early clarity, helping companies align R&D, follow-on patent applications, and/or commercial planning.

Improved Position for Licensing and Partnerships

An early issued patent can strengthen negotiations with investors, potential licensees, and/or collaborators.

Streamlined Examiner Engagement

Many practitioners conduct one or more early Examiner interviews to clarify issues and accelerate prosecution.

When Track One Is the Right Choice

Track One is particularly useful when applicants:

• Need early patent issuance to support commercial milestones

• Have a defined embodiment requiring quick protection

• Expect near-term licensing, diligence, or fundraising activities

• Plan to pursue broader or alternative claims in continuation filings

Industries such as biotechnology, pharmaceuticals, medical devices, polymer science, engineering, and software frequently rely on expedited examination to align IP strategy with development timelines.

Additional Considerations for Track One Applicants

While Track One offers clear advantages, applicants should:

• Ensure claims are well-defined at filing, as expanding scope during Track One is impractical

• Be prepared to respond quickly to Office Actions
  Consider how Track One fits within a broader portfolio strategy, especially if pursuing continuation filings or parallel applications

Key Takeaway

The USPTO’s Track One Prioritized Examination program offers a predictable and accelerated path to patent issuance for qualifying applications. When aligned with broader IP and commercialization goals, Track One can provide early protection, earlier clarity on patentability, and meaningful business advantages. Applicants should evaluate Track One as part of a broader patent portfolio strategy and work closely with counsel to ensure all requirements are met.

 

Frequently Asked Questions

What is USPTO Track One Prioritized Examination?

A USPTO program offering expedited examination for qualifying utility and plant applications, with a final disposition targeted within 12 months.

How Long Does Track One Examination Take?

Most applicants receive a first Office Action within 2–3 months and a final disposition (i.e. either an allowance or a final rejection) within the 12-month USPTO target.

Who Is Eligible for Track One?

Newly filed U.S. nonprovisional applications and RCE filings. National phase and design applications are not eligible.

What Are the Claim Limits for Track One?

Up to four independent claims, up to 30 total claims, and no multiple dependent claims.

What Does Track One Cost?

The current USPTO fees are $1,806 for small entities and $4,515 for large entities, in addition to standard USPTO filing, examination, and search fees or fees for a Request for Continued Examination, depending on when the Track 1 Request is filed.

Does the USPTO Limit the Number of Track One Requests Each Year?

Yes. The limit is 20,000 requests per fiscal year.

Can I Request an Extension of Time in Track One?

No. Any extension request removes the application from the program.

Is Track One Worth the Cost?

Track One is often valuable when early issuance impacts product launch, investment, licensing, or competitive positioning.

Can I File Continuation Applications After Track One?

Yes. Many applicants use Track One for early issuance and pursue a different claim scope in continuation filings.