Time is Money: Patent Timing Strategies at the USPTO
By David Jackrel, Patent Agent, PhD
May, 27, 2025
For technology leaders, time is money—and when it comes to patents, timing can directly impact your ability to protect innovation and position for growth. Issued patents have value: they safeguard your intellectual property and strengthen your competitive edge. If you’re expecting to raise money in 12 months or preparing to launch your product soon, then paying extra fees to put your application on the fast track might make a lot of sense. However, even pending applications can support business goals— particularly in the context of fundraising or strategic planning. Depending on your objectives, it may make sense to accelerate or defer patent prosecution. Fortunately, the United States Patent and Trademark Office (USPTO) offers mechanisms to do both.
Speeding Up Patent Prosecution
Track One Prioritized Examination is one of the most direct paths to a faster patent. It typically results in a final disposition—either a notice of allowance or final rejection—within 12 months. USPTO data shows that Track One applications average just 1.3 months to a first Office Action and 4.6 months to final disposition, compared to 22.5 months and 26.2 months for standard examination, respectively.
Track One must be requested at the time of filing and cannot be added later. The additional fees are approximately $2,000 for small entities and $5,000 for large entities as of January 2025. These costs may seem steep; however, considering the value of having an issued patent years sooner, it can be well worth it. For example, companies with one or more issued patents may have an easier time raising money, which can easily justify the cost to speed things up to meet a fundraising deadline.
Another option for applicants with international filings is the Patent Prosecution Highway (PPH). This program allows applicants to request accelerated examination at the USPTO based on an indication of allowability from another participating patent office, such as through a favorable International Search Report (ISR). When granted, PPH can significantly reduce prosecution time for claims that are the same as those already deemed allowable. Notably, PPH requests at the USPTO carry no additional fees.
Slowing Down Patent Prosecution
On the flip side, delaying prosecution may be strategically advantageous—especially when trying to defer costs or awaiting internal alignment on claim scope.
One option is to begin with a provisional patent application, which is relatively low-cost and secures an early priority date while giving you up to 12 months before a corresponding non-provisional application is due. It also stays confidential unless it is later converted.
Alternatively, a Patent Cooperation Treaty (PCT) application can delay U.S. national phase entry by up to 30 months from the earliest priority date. This route provides additional time to assess market interest, investor alignment, or jurisdictional strategy before incurring prosecution costs in multiple countries.
If you’re already in prosecution, the USPTO allows for modest delays in responding to Office Actions. While replies are typically due in 2–3 months, extensions of time (up to an additional 3 months) are available for additional fees. Other mechanisms, such as suspension of action or deferred examination requests, may also be available depending on the filing route.
Final Thoughts
Strategic timing can be just as important as claim scope when managing a patent portfolio. Whether you want to accelerate for investment milestones or slow things down to manage costs, the USPTO offers tools to help. Each option—Track One, PPH, provisional filings, or timing adjustments—has benefits and trade-offs that depend on your specific goals.
At MLO, we help clients weigh these options carefully and develop tailored strategies that support both near-term objectives and long-term IP value.
Time is money. Let us help you make the most of both.
Contact us for a free consultation.