Key Takeaway: The USPTO’s new PIER Pilot Program requires applicants in selected PCT national stage applications to affirmatively decide whether to proceed with, delay, or abandon U.S. patent examination. Participation is mandatory for selected applications, and failure to respond to the USPTO’s Requirement for Information will result in abandonment. Patent owners and applicants with active or pending 35 U.S.C. § 371 filings should prepare internal workflows now to evaluate and respond to selection quickly.
The USPTO has introduced a new pilot program that will change how certain U.S. National Stage patent applications filed under 35 U.S.C. § 371 enter examination. Beginning May 21, 2026, selected applicants will receive a formal notice requiring them to decide whether to proceed with prosecution of the application.
The program, called the PCT Informed Examination Request (PIER) Pilot Program, adds a new procedural step for applications entering the U.S. national stage from the Patent Cooperation Treaty (PCT) route. If selected, participation in the program is mandatory, and applicants cannot opt in or opt out. The PIER pilot program will run through April 9, 2027, and if effective, may be extended at the discretion of the USPTO.
Why the USPTO Is Doing This
The USPTO continues to face high levels of backlog and pendency in patent examination, with application inventory exceeding 1.2 million and total pendency averaging nearly 29 months, per the Office’s Patents Dashboard. In response, the Office is testing ways to improve examination efficiency and encourage earlier reliance on PCT international Search Reports and Written Opinions. The PIER pilot requires applicants to actively confirm that they want examination to proceed, rather than waiting for examination to begin after waiting through a queue.
What Changes Under the PIER Pilot?
The USPTO will generally select applications that are already close to being docketed for examination, often within 5 to 6 months. Selection will also focus on high-pendency technology areas and applications with PCT International Search Reports citing at least one X or Y reference.
If selected, the USPTO will issue a Requirement for Information (RFI) using form PTO-2357, which requires the applicant to choose one of three options:
- Proceed with examination (with the option to file a preliminary amendment to place the application in better condition for examination);
- Delay examination for 12 months; or
- Expressly abandon the application (note: because the RFI is considered an Office action under 35 U.S.C. § 132, fee refunds are not available through express abandonment).
Applicants will be given two months to respond, with extensions available for up to six months. Failure to timely respond will result in abandonment. Applicants may also file a preliminary amendment with the response, but once selected, they will not be able to opt in or out of the program.
Although procedural, the program introduces a meaningful shift: applicants must now affirmatively confirm their intent to proceed before examination begins, rather than passively entering the examination queue as under current practice.
What Applicants Should Be Doing Now
Applicants with active or upcoming PCT national stage entries should consider taking the following steps now:
- Review International Search Reports and Written Opinions. Identify applications with X or Y references and assess how those references may affect strategy.
- Establish internal workflows for RFI responses. The two-month initial response window is short. Consider designating a point of contact and decision framework so that RFIs can be triaged and responded to without risking abandonment.
- Consider whether preliminary amendments may be warranted. If proceeding with examination, applicants may file a preliminary amendment alongside the RFI response to narrow or refine claims in light of the PCT work product.
- Monitor the program. The PIER pilot runs through April 9, 2027, and the USPTO may adjust its selection criteria over time. Applicants should track developments and be prepared for a potential expansion of the program.
For questions about how the PIER Pilot Program may affect your patent portfolio, please contact your Knobbe Martens lawyer.
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