USPTO Extends Fast-Track Appeals Pilot Program With Four-Month Decision Target

In a Federal Register notice published May 6, the USPTO extended the program through May 6, 2028, with one principal change: the Board now aims to issue a decision within four months from the date the appeal enters the program, reduced from the prior six-month target. Since the program’s inception in July 2020 through April 30, the PTAB has decided 596 fast-track appeals, with an average decision time of about three months from the date the petition was granted. 

Program Duration and Petition Limits

The program will run until May 6, 2028, after which the USPTO may extend, modify, or discontinue it. 

The USPTO continues to limit the program to 125 granted petitions per quarter, with quarters measured from the extension date (e.g., the first quarter runs May 6 through August 6), not calendar quarters. However, the PTAB retains discretion to accept additional petitions or hold petitions for consideration in a later quarter. 

Eligibility Requirements

The core eligibility requirements remain unchanged. To qualify, the following conditions must be met.

• Application Type: The application must be an original utility, design, or plant nonprovisional application. 

• Appeal Status: The appeal must be an ex parte appeal for which a notice of appeal has been filed and a PTAB docketing notice has been issued.  

• Petition: The appellant must file a petition under 37 C.F.R. § 41.3 through the Patent Center, identifying the application and appeal by number. The USPTO provides Form PTO/SB/451 for this purpose, although use of the form is not required. 

• Fee: The appellant must pay the $452 petition fee under 37 C.F.R. § 41.20(a) at the time of filing; failure to include the fee with the petition will result in denial. The fee is not discounted for small or micro entities.

The program remains unavailable for applications or proceedings already treated as special during appeal, including reissue applications, reexamination proceedings, and appeals made special due to an applicant’s age or health. Notably, special status granted under the Prioritized Examination Program during examination does not carry over to appeal; appellants must separately petition for fast-track status before the PTAB. 

Practical Limitations

Fast-track status comes with several constraints.

• An appellant may request an oral hearing but cannot reschedule the hearing and remain in the pilot program. 

• The petition fee is not refundable once collected, except in limited circumstances such as mistaken or excess payments. 

• Fast-track status ends when PTAB jurisdiction ends, including upon remand, express abandonment, filing of a Request for Continued Examination (RCE), dismissal, reopening of prosecution, or entry of a final decision once the time for seeking judicial review has expired. On the other hand, once an appeal enters the program, expedited treatment continues through rehearing. 

Strategic Considerations

At $452, the program remains a relatively low-cost mechanism for accelerating PTAB review. The practical benefit is significant: The current average time to decision for fast-track appeals is about three months, compared with standard ex parte appeal pendency that can extend well beyond a year. 

Practitioners should consider filing promptly after receiving a PTAB docketing notice, particularly where appeal timing affects licensing, enforcement, financing, product launch, or portfolio valuation. The USPTO publishes the current number of granted petitions on their website and appellants should check availability before filing. The program may be especially useful where a case is fully positioned for appeal, prosecution has reached an impasse, and a PTAB decision is likely to materially advance prosecution strategy.