The USPTO recently announced that they would expedite patent issuance by reducing the time between Issue Notification and Issue Date. Effective May 13, 2025, patents will now issue approximately two weeks after receiving the Issue Notification.
The USPTO has already focused on increasing efficiency in issuance by transmitting eGrants via Patent Center, rather than physical mail. Accelerating issuance is part of the USPTO’s continued efforts to modernize and optimize the process of procuring a patent. For example, the USPTO has already replaced the outdated systems for filing and managing patent applications online with Patent Center, encouraged applicants to file applications in the DOCX filing format to provide more streamlined processes and issued certificates of correction electronically.
The USPTO notes that shortening the time between the Issue Notification and the Issue Date will allow applicants to capitalize on their investments earlier by providing patent grants sooner. Additionally, by reducing the time for new prior art to appear before the Issue Date, applicants may “avoid the need to file a Quick Path Information Disclosure Statement.”
However, applicants should be aware that this change means that the window for filing a continuing application (including continuation, divisional, and continuation-in-part applications) will be shortened as a result of this policy implementation. MPEP §211.01(b)(I) notes that continuing applications can only be filed prior to the Issue Date. Thus, the shortened time between the Issue Notification and the Issue Date means a shortened time to file a continuing application as well. The following are some considerations moving forward:
- If a continuing application is desired, consider filing the application before or concurrently with the issue fee payment. This has been Dinsmore’s recommendation in the past, and will also be the recommendation going forward to avoid accidental loss of rights.
- When more time is needed to determine whether a continuing application is needed, consider strategies for maintaining pendency of the patent family. Dinsmore can provide recommended strategies for maintaining pendency.
