The USPO recently adopted a new program to help individuals and small businesses who are more impacted by the lengthy process of obtaining a patent. The purpose of the program is to avoid the normal delays associated with the patent process, which might otherwise impact an individual's or a small business's ability to approach potential licensees or investors.

In short, the program allows first time filers to file a Petition to have their first filed, non-provisional application made special and handled more quickly than a regular patent application. Unlike the standard Petition to Make Special that requires a sizeable fee and must be filed with the filing of the application, this Petition does not require a fee and also can be filed after filing the application. There are a few requirements: The application must be electronically filed in DOCX format, and the Petition must be filed before a first Office Action. Further, the application must have all fees paid and a signed Oath or Declaration submitted prior to or filed with the Petition. As noted above, it is only for first time filers.

Because this is a pilot program, it is only in effect for limited period of time, unless it is later permanently adopted. As of today, December 8, 2023, this program is only available through March 11, 2024 or until 1,000 applications have been granted such a Petition.