Track One Prioritized Examination

A Track One prioritized examination is a service provided by the United States Patent and Trademark Office (USPTO) as part of its Track One program, which offers an expedited review process for utility and plant patent applications.

The program, which was established in 2011, serves to cut down wait time for applicants, prioritizing Track One applications in order to reach a final disposition on such cases within 12 months, instead of the standard processing time, which currently averages approximately 18 to 36 months.

The number of permitted prioritized applications is capped by the USPTO. As of July 8^th, 2025, the limit on Track One prioritized examination requests is limited to 20,000, so timely filing is critical for those who wish to avail of the service.

How does a Track One prioritized examination work?

To request entry into the Track One prioritized examination program, an applicant must request it when submitting an official application for a utility or plant patent, or by submitting a Request for Continued Examination (RCE). This request must also include a separate fee, in addition to the standard filing fees. As of 2025, the USPTO request for prioritized examination fee are $903 for micro entities, $1,806 for small entities, and $4,515 for large entities. Additional processing and publication fees are also required.

Once the requisite fees have been paid, and the request to enter the Track One program has been granted, the application is granted special priority status and placed at the front of the queue for the review process. A first examination report is typically issued within 3-4 months, with the final decision usually given within a year of the filing date.

What are the benefits of a Track One prioritized Examination?

Applicants who apply for a Track One prioritized examination do so because it can offer some key advantages. One benefit is the ability to establish protection more quickly in fast-moving markets. This is especially pertinent for e-commerce sellers on digital marketplaces, as acquiring a patent quickly also gives sellers early access to useful means of enforcement, such as Amazon’s APEX (Amazon Patent Evaluation Express) program, which can help them better protect their intellectual property. Additionally, a swift patent approval can have a strategic benefit, as the security a patent provides can help with securing investment.