USPTO Accelerates Patent Grants: What Applicants Need to KnowMay 30, 2025

As of May 13, 2025, the United States Patent and Trademark Office has accelerated the time between issue notification and issue date to approximately 2 weeks from a previous average of 3 weeks. The USPTO states that expedited issuance has been made possible through elimination of administrative redundancies and by the electronic grant (eGrant) system. This change comes as part of the USPTO’s ongoing modernization efforts, which have included updating antiquated online filing systems and improving issuance of certificate of corrections.

Beneficially, the reduced timeframe to issuance provides earlier patent protection to applicants, potentially accelerating commercialization. Additionally, quicker issuance may lead to a reduction in post-allowance Information Disclosure Statement (IDS) filings. By shortening the window between the issue notification and the issue date, there is less time for new prior art to surface (e.g., through examination of non-US counterpart applications) that would require disclosure in the US during the post-allowance period. This may decrease the need for a Quick Path IDS (QPIDS) or reopening of prosecution to allow for IDS consideration. Ultimately, this could lead to cost savings and a reduction in last-minute disclosure concerns.

While there are clear advantages to expedited issuance, applicants should be aware that it is now even more important to be proactive in making decisions regarding continuation or divisional applications. To claim the benefit of an earlier filing, continuations must be filed while the parent application is co-pending. Co-pendency requires that the later-filed application be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the termination of proceedings in the prior application. Thus, in an allowed application, a continuation must be filed no later than the date the patent issues to claim priority to the earlier filing. Because patents are now issuing within two weeks after the issue notification and with little to no warning, there is a heightened risk that a parent application could grant before a continuation is properly filed. To avoid inadvertently losing the ability to pursue additional filings, applicants should ensure that any desired continuation, divisional, or continuation-in-part applications are filed before paying the issue fee, or, at latest, immediately thereafter.

It is always vital for applicants to remain in close contact with their patent counsel. However, with the window between allowance and issuance now shortened, it is more critical than ever that applicants work closely with counsel to make filing decisions. Failing to communicate promptly with counsel during the post-allowance period may jeopardize the ability to secure additional patent scope.

MVS has over 100 years of experience in helping clients navigate an ever-changing patent landscape. If you have questions about how the expedited issuance process may affect your patent strategy, or if you need guidance on continuation filings or portfolio planning, please do not hesitate to reach out to an MVS attorney.

Melissa Mitchell is an intellectual property attorney at McKee, Voorhees & Sease, PLC. For additional information please visit www.ipmvs.com or contact Melissa directly via email at melissa.mitchell@ipmvs.com