A standard patent application can take two to three years to move from filing to grant. For most inventors, that timeline is simply a reality of the system. But for a startup racing a competitor to market, a company that needs an issued patent to close a funding round, or an inventor watching a copycat gain ground, two years is not acceptable. The USPTO offers several paths to a faster result. The most widely used, and generally the most practical, is the Track One prioritized examination program.
At Goldstein Patent Law, we help inventors and companies evaluate whether accelerated examination makes sense for their situation and file the right way to qualify. Here is how Track One works, what it costs, and how it compares to the other options available.
Why Standard Patent Examination Takes So Long
The USPTO receives hundreds of thousands of patent applications each year, and each one enters an examination queue. Applications are assigned to an examiner with expertise in the relevant technology area and examined in roughly the order they are received. Depending on the technology center and the complexity of the application, the wait for a first Office Action from an examiner can stretch to eighteen months or more, and total pendency from filing to grant averages around two to three years.
That timeline reflects the volume of applications and the depth of examination required, not a lack of effort on the USPTO’s part. But for inventors and companies with specific timing needs, waiting in line is a real problem.
Our post on the patent application process covers each stage of standard examination in detail, including what happens during Office Action rounds and how to calculate realistic timelines.
What Is Track One Prioritized Examination?
Track One is the USPTO’s flagship program for accelerating utility and plant patent applications. Established under the America Invents Act and authorized under 37 CFR 1.102(e), it allows applicants to request that their application be moved to the front of the examination queue in exchange for an additional fee paid at filing.
The program’s stated goal is a final disposition within about twelve months of the Track One request being granted. Final disposition means either a notice of allowance or a final rejection, not necessarily an issued patent, though allowance and issuance typically follow within a few months of each other.
Track One has no requirement to conduct a pre-examination prior art search or prepare an Examination Support Document, which are burdensome requirements under the older Accelerated Examination program. Applicants simply pay the fee, submit the required form, and meet the eligibility conditions.
The USPTO’s Track One program page provides the current form, FAQs, and real-time information on program availability.
How Fast Is Track One in Practice?
The twelve-month target refers to the time from the date the Track One request is granted through final disposition. In practice, many Track One applications receive a first Office Action within two to four months of filing, with total pendency from filing to allowance frequently landing between six and twelve months for applications that move smoothly through prosecution.
The actual timeline depends on several factors: the technology area, the strength of the application, whether Office Actions require substantive responses, and how quickly the applicant responds. Track One gives your application priority on the examiner’s docket at every stage of prosecution, not just at the initial examination. That continued priority is one of its key advantages over programs that only accelerate the first Office Action.
One critical rule: if you request a time extension on any USPTO deadline during Track One prosecution, your application is removed from the program and returns to the standard examination queue. Staying in Track One means responding to every Office Action within the standard, unextended deadline.
Who Is Eligible?
Track One is available to a broad range of applicants, but not everyone qualifies. Understanding the eligibility rules before filing saves time and avoids a rejected request.
Eligible applications:
- Original nonprovisional utility patent applications
- Plant patent applications
- Continuation, divisional, and continuation-in-part applications
- Applications filed with a concurrent Request for Continued Examination (RCE), or where a proper RCE has already been filed
Not eligible:
- Design patent applications
- Reissue applications
- Provisional patent applications
- Reexamination proceedings
There is one Track One RCE request permitted per application, and it must be filed before an Office Action responsive to the RCE has been mailed.
The annual cap on accepted Track One requests was raised from 15,000 to 20,000 as of July 8, 2025. Requests are granted on a first-come, first-served basis until the cap is reached for the fiscal year. In practice, the cap is rarely hit early enough to be a practical barrier for most applicants, but filers with time-sensitive needs should not assume a slot will always be available.
The Claim Limits That Can Disqualify You
This is where many applicants run into an unexpected problem. To qualify for Track One, your application must contain, or be amended to contain, at the time the USPTO reviews the request:
- No more than four independent claims
- No more than thirty total claims
- No multiple dependent claims
If your application exceeds these limits, you are given a non-extendible 30-day period to amend your claims down to the required numbers. If you cannot or do not do so in time, the Track One request is denied and your application proceeds under standard examination.
For applicants who plan to file broad, multi-claim applications with complex dependent claim structures, this limit is a real consideration. It may require a strategic decision about whether to prioritize speed with a streamlined claim set or pursue broader protection through standard examination. In some cases, filing a Track One application with a focused claim set and using continuation applications to pursue additional claims later is the most effective approach.
Our team at Goldstein Patent Law helps applicants think through claim strategy before filing so the Track One request isn’t derailed by a claim count problem.
What Does Track One Cost?
Track One involves fees on top of the standard filing, search, and examination fees every application pays. The Track One-specific fee under 37 CFR 1.17(c), per the USPTO’s current fee schedule effective August 2026, is:
- Large entity: $4,515
- Small entity: $1,806
- Micro entity: $903
There is also a separate processing fee. All fees must be paid at the time the Track One request is submitted.
For small entities and micro entities, the discount is significant and frequently makes the math straightforward: reaching an issued patent a year or more sooner can be worth many times the fee when it enables product marking, deters a copycat, satisfies an investor’s diligence requirements, or allows a licensing deal to proceed on schedule.
For large entities, the $4,515 fee is substantial in absolute terms but modest relative to the commercial value of earlier patent rights in most competitive markets.
If you are unsure whether your business qualifies as a small entity or micro entity under USPTO definitions, that determination should be made carefully before filing. Incorrectly claiming a reduced-fee status can have consequences for the application.
How to File a Track One Request
Track One requests must be filed electronically. The USPTO uses Form PTO/AIA/424, which is available through the USPTO’s Patent Center. The request must be submitted at the time of the original nonprovisional application filing, or concurrently with a qualifying RCE.
The inventor’s oath or declaration may be submitted after the filing date if an executed Application Data Sheet is filed with the original application, providing some flexibility on that document.
If you start with a provisional patent application to lock in your filing date and then convert to a nonprovisional, the Track One request is filed with the nonprovisional. For more on how provisional applications work and what they need to contain, see our guide on provisional patent applications.
Accelerated Examination: The Older Alternative
Track One is not the only accelerated examination route. The USPTO’s Accelerated Examination (AE) program predates Track One and is still technically available, but it carries significantly higher burdens that make it less practical for most applicants.
Under Accelerated Examination, applicants must conduct a pre-examination prior art search and prepare a detailed Examination Support Document (ESD) that maps the prior art to the claims and addresses patentability for each claim. That document requires substantial work and cost upfront, and the claim limits are even stricter than Track One.
The result is that Track One has largely supplanted Accelerated Examination in practice. The programs target similar timelines, but Track One gets there with far less pre-filing burden.
The Patent Prosecution Highway
A third acceleration option worth knowing about is the Patent Prosecution Highway (PPH). If your application has been allowed in a foreign patent office, you can use that allowance to request accelerated examination of the corresponding U.S. application. The USPTO and many of its partner offices have bilateral PPH agreements that allow the allowed claims from one jurisdiction to support a fast-track request in another.
PPH carries no additional USPTO fee and can be a powerful tool for applicants with international patent portfolios. It is particularly useful when you receive an early allowance in a partner country and want to leverage that outcome for faster U.S. prosecution.
When Track One Is Worth the Investment
Track One is not right for every application. Here are the situations where it most clearly earns its cost:
Competitive pressure. If a competitor is developing a similar product, getting to an issued patent sooner lets you mark products, send cease-and-desist letters, and negotiate from a position of strength.
Investor or acquirer due diligence. Many investors and acquirers want to see issued patents, not just pending applications. A Track One application that issues before a funding round closes or a transaction is signed can change the outcome of a deal.
Licensing strategy. Licensees are more willing to pay and less likely to challenge a patent that has already cleared examination than one that is still pending.
Time-sensitive markets. In fast-moving technology categories, a patent that issues in twelve months rather than thirty may still be commercially relevant. One that issues in thirty months may cover technology the market has already moved past.
Products with short commercial windows. Some products have natural lifecycle limits. Getting patent protection while the product is still actively sold matters commercially.
Track One is generally less valuable when the invention is early-stage, commercial timelines are flexible, or the application involves a large number of claims that would require significant restructuring to meet the eligibility limits.
Frequently Asked Questions
Can I request Track One after I have already filed my application?
Track One can only be requested at the time of the original application filing or concurrently with a qualifying Request for Continued Examination. It cannot be added to an already-filed application that has not yet had an RCE.
What happens if I miss an Office Action response deadline under Track One?
Requesting any time extension removes your application from the Track One program. It then proceeds under standard examination. Staying in Track One requires responding to every Office Action on time, without extensions.
Does Track One affect the strength or scope of my patent?
No. Track One accelerates the timing of examination. It does not change how the examiner evaluates your claims, what prior art is considered, or what protection your issued patent provides. A patent that issues through Track One carries the same legal weight as one that went through standard examination.
Can I file continuation applications after a Track One application is granted?
Yes. There is no restriction on filing continuation applications based on a Track One parent. Continuation applications are themselves eligible for Track One as well, subject to independent qualification.
Is Track One available for design patents?
No. Design patent applications are not eligible for Track One. The USPTO has separate processing procedures for design applications, but they do not fall under the Track One program.
Moving Faster When Timing Matters
Track One prioritized examination is one of the most effective tools available for inventors and companies that need patent protection on a specific timeline. Whether you are facing competitive pressure, preparing for a funding round, or launching a product into a market where timing is everything, reaching an issued patent in twelve months rather than two to three years can change the strategic picture significantly.
Contact Goldstein Patent Law to discuss whether Track One is the right move for your application. We will evaluate your claim set, assess your eligibility, and make sure your filing is structured to qualify from day one.
