The First-Time Filer Expedited Examination Pilot Program was designed to increase accessibility to the patent system for inventors who are new to the patent application process.
After submitting a patent application, inventors must typically wait for an examiner to review the application and return the examiner’s written notice of findings, such as a rejection or restriction. The written notice of findings is called an Office action. This program expedited the first Office action, which expanded opportunity in innovation. By lowering time-based barriers for inventors who might otherwise be unable to participate in the patent system, this initiative enabled them to bring their innovations to impact more rapidly.
You applied for the pilot program by filing a petition to make special for a qualifying patent application as detailed below. No petition fee under 37 CFR 1.17(h) was required when applying for this program.
This pilot program began on March 9, 2023 and was originally scheduled to end on March 11, 2024. In view of the continued interest in and success of the pilot program, the USPTO extended it. The extended pilot program ran until March 11, 2025.
Read our frequently asked questions
Announcements
- Federal Register notice on the Extension of the First-Time Filer Expedited Pilot Program, 89 FR 17441 (March 11, 2024).
- Federal Register notice on the First-Time Filer Expedited Examination Pilot Program, 88 FR 14607 (March 9, 2023).
- As of April 15, 2025, 427 applications have been granted special status under the First-Time Filer program.
How to file a petition
Program requirements
The applicant must have certified that:
- The inventor or, where there are joint inventors, each joint inventor has not been named as the sole inventor or a joint inventor on any other nonprovisional application,
- The applicant and the inventor or, where there are joint inventors, the applicant and each joint inventor qualify for micro entity status under the gross income basis requirement. Note: Applicant must separately and properly establish micro entity status by filing USPTO Form SB/15A (Certification of Micro Entity Status – Gross Income Basis) no later than the date that the petition to participate in this pilot is filed, and
- The inventor or, where there are joint inventors, each joint inventor, named on the application is reasonably trained on the basics of the USPTO’s patent application process. More information about patent application training resources is provided below.
This program was open to non-continuing original utility nonprovisional applications that do not claim the benefit of the filing date of any prior-filed nonprovisional U.S. applications or international applications designating the United States under 35 U.S.C. 120, 121, 365(c), or 386(c). Note that claiming the benefit under 35 U.S.C. 119(e) of one or more prior provisional applications will not affect eligibility for this pilot program.
This program was not open to:
- Design or plant applications
- Continuation, continuation-in-part, divisional, and bypass applications.
- Applications claiming a right of foreign priority under 35 U.S.C. 119(a)-(d) or (f) to one or more foreign applications.
- Applications entering the national stage under the Patent Cooperation Treaty as set forth in 35 U.S.C. 371.
Your patent application must have been complete under 37 CFR 1.51 no later than the date the petition to make special under this program was filed. That is, your application must have included:
- 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) prior to or concurrently with filing the petition to make special under this program. To determine which fees are appropriate for your patent application, please refer to the current USPTO fee schedule.
You may delay filing your petition to make special until a filing receipt is issued and you are sure the application includes the above-noted items, to help avoid dismissal of your petition for being incomplete under 37 CFR 1.51. Your petition must still be filed before the examiner sends a first Office action in your application.
The patent application must be filed electronically using Patent Center, and the specification, claims, and abstract must be submitted in DOCX format on filing. To learn more about filing in DOCX format, please consider attending a DOCX training webinar or visiting the DOCX information page.
You must use Form PTO/SB/464 to make the required certifications and petition for participation in this program. Form PTO/SB/464 must be properly signed and filed electronically using Patent Center. Modified versions of this form will not be accepted.
More details regarding the program procedures and requirements may be found in the 2023 Federal Register notice for this program.
Prepare for the patent application process
The USPTO is committed to supporting and advancing intellectual property education for inventors. Participation in the First-Time Filer Expedited Examination Pilot Program will be most impactful for inventors who are prepared to actively engage in the patent application process. The following free USPTO training resources can help inventors build this knowledge:
- The USPTO’s Patent Basics Webpage
- The USPTO’s live and interactive Path to Patent Series
- The USPTO’s self-paced Patent Process Training modules (scroll to the section titled “Patent process training – Tools for Filing an Application”)
- The USPTO Patents Pro Bono Program’s self-paced Basic Patent Training Certification Course
- The USPTO’s Nonprovisional Utility Application Filing Guide
These non-USPTO resources are also available:
How to apply
- Complete and sign Form PTO/SB/464 (Titled: Certification and Petition for the First-Time Filer Expedited Examination Pilot Program. If the application is being filed by joint inventor-applicants, either a single copy of this form must be signed by a patent practitioner or each joint inventor-applicant must sign a separate copy of the form. Be sure to clearly identify the number of forms that are being submitted in the section at the bottom of the form.
- Save and upload the executed Form(s) PTO/SB/464 via Patent Center.
- When uploading Form PTO/SB/464, select the document description “Petition for First-Time Filer Pilot” (found under the Petition Category) on the Patent Center screen to ensure timely and appropriate processing.
Contact Us
For questions about Patent Center, please contact the Patent Electronic Business Center at 866-217-9197 or via email to ebc@uspto.gov.
For questions about the First-Time Filer Expedited Examination Pilot Program, please email FirstTimeFilerPilot@uspto.gov or contact the Office of Patent Legal Administration at 571-272-7704.
To request someone from the USPTO to deliver a presentation on this topic, please submit a Speaker Request Form.
For questions about the status of a particular petition, please contact the Office of Petitions at 571-272-3282.