USPTO Waives the Petition Fee for the Streamlined Claim Set Pilot Program

The US Patent and Trademark Office announced on October 6, 2026 that it is waiving the petition fee under 37 CFR 1.17(h) associated with a petition to make special for applications accepted into the Streamlined Claim Set pilot program. The waiver applies to petitions filed on or after June 10, 2026 using Form PTO/SB/472 (Certification and Petition to Make Special Under the Streamlined Claim Set Pilot Program), and applies to the petition fee regardless of entity status.

The Streamlined Claim Set pilot program is designed to allow applicants to receive an earlier first office action on the merits. To qualify, an application must be a pending, non-continuing utility application that contains no more than one independent claim and no more than ten claims in total, among other conditions set out in the program notice. The application must have been filed before October 27, 2025.

The pilot runs on a first-come basis: the USPTO will accept petitions to make special under the program until October 27, 2026, or until each Technology Center has accepted approximately 200 applications, whichever occurs first. Petitioners must certify eligibility on the dedicated form and meet all program requirements at the time of filing.

       By waiving the 1.17(h) fee, the USPTO removes a cost barrier to participation in the pilot, which is part of the agency's broader effort to reduce pendency and focus examination resources. Applicants interested in the program are encouraged to review the eligibility criteria and file promptly, as Technology Center quotas may be reached before the October 2026 closing date.

Original Link: https://content.govdelivery.com/accounts/USPTO/bulletins/419e360