If you’re filing a patent in the US and speed matters, Track One Prioritized Examination is worth knowing about. Created under the America Invents Act, Track One is the USPTO’s program for accelerating the review of a utility patent application or plant patent application, governed by 37 CFR § 1.102(e).

What is Track One Prioritized Examination?
Track One is a request filed with the United States Patent and Trademark Office, asking for accelerated examination of a utility or plant patent application. The request must be filed at the time the original application is filed, or together with a Request for Continued Examination (RCE). Unlike some other expedited programs, Track One does not require a pre-examination prior art search or extensive supporting documentation, making it a more accessible route when you’re ready to apply for a patent online.

Examination Procedure:

• The USPTO’s goal under Track One is to reach a final disposition, allowance or final rejection within about 12 months of the request being granted. Most applicants receive a first Office Action within 2 to 3 months of filing.
• Track One applications are limited in scope: no more than four independent claims and thirty total claims, with no multiple dependent claims allowed. Requesting an extension of time at any stage will automatically remove the application from Track One status, so applicants must respond to all Office Actions strictly on schedule.
• The USPTO accepts a capped number of Track One requests each fiscal year, raised from 15,000 to 20,000 as of July 2025, though this cap is rarely reached in practice.

Who Qualifies?
Track One is available to first filings and continuing applications, including continuation and continuation-in-part applications, provided each filing independently meets all requirements.

However:

• Reissue applications are not eligible.
• National phase (PCT 371) filings are not eligible.
• Design patent applications are not eligible.
• The application must be a new nonprovisional US patent application or filed with an RCE.
• A standard examination request can be upgraded to Track One at the time an RCE is filed by submitting Form PTO/AIA/424 with the applicable fees.

Track One Fees (2026):

Per the current USPTO fee schedule (revised June 1, 2026), the Track One prioritized examination fee under 37 CFR § 1.17(c) is $4,515 for large entities, $1,806 for small entities, and $903 for micro entities, in addition to standard filing, search, and examination fees, plus the separate processing fee under 37 CFR § 1.17(i)(1).

Why Applicants Choose Track One:

• First Office Action typically within 2–3 months of filing.
• Final disposition targeted within approximately 12 months.
• No pre-examination search or accelerated-examination documentation required.
• An early-issued patent strengthens positioning for product launches, licensing discussions, and investor or acquisition conversations.

Conclusion:
Track One Prioritized Examination gives applicants, particularly startups and companies with time-sensitive innovations, a faster, more predictable path to a final decision on their US patent applications. Once granted, applicants can use the USPTO patent database search tools to track their application’s status throughout examination.
The certification form for Track One requests, PTO/AIA/424, is available on the USPTO website.

At PATHtoIP®, we ensure that every client receives exceptional results through high-quality patent research. As an experienced firm, we are dedicated to providing patent protection and delivering results capable of reaching your goals.

FAQs:
Q: How long does Track One Prioritized Examination take?
A: The USPTO targets a final disposition, allowance, or final rejection within about 12 months of the request being granted.
Q: Can a provisional application use Track One?
A: No. Track One requires a new nonprovisional utility or plant application, or one filed with an RCE.
Q: What happens if I request an extension of time during Track One examination?
A: Requesting an extension at any stage automatically removes the application from Track One status.