The United States Patent and Trademark Office (USPTO) has announced an acceleration of patent issue dates, effective May 13, 2025.[1] This change, part of the agency’s ongoing modernization efforts, will shorten the period between the Issue Notification and the actual Issue Date of a patent.
As per the new envisaged changes, the timeline between Issue Notification and Issue Date is reduced to approximately two weeks, as opposed to the earlier approximate three weeks period, allowing patent holders to bring their investments to the market earlier.
Background leading up to the change:
In the process of patent application by the USPTO, after an application is approved and the issue fee is paid, the USPTO sends an Issue Notification. The Issue Notification is the communication informing the applicant that their patent is ready to be issued. It officially identifies the date the patent will be issued, the assigned patent number, and serves as confirmation that the patent will be granted. The Issue Date, also known as the patent grant date, is the date a patent is officially issued by the USPTO and the beginning of the remainder of the legal term of the patent. Previously, the patents issued were delivered physically in paper version to the applicants. USPTO transitioned from physically issuing patents on paper to electronic patent grants (eGrants) via publishing on Patent Center[2] portal from April 18, 2023. According to the USPTO notice, this streamlined electronic process aimed to remove the logistical bottlenecks associated with paper-based issuance led to a reduced time frame between the notification of allowance and the patent’s official issue date.
Impact of the acceleration:
- Earlier protection granted for inventions and entry in markets: The acceleration of the issuance of patents bears good news to inventors who would gain statutory protection for their inventions in lesser time and thereby can introduce their inventions into the markets faster for commercialization.
- Filing of a Quick Path Information Disclosure Statement: US patent law places a duty of disclosure for all the known prior art references that are known or discovered during the course of prosecution up to the date of patent issuance that affect patentability, before the USPTO by filing of an Information Disclosure Statement (IDS) on or before payment of the issue fee.[3] The Quick Path Information Disclosure Statement (QPIDS) program allows, under specific circumstances, for the submission of an IDS after payment of the issue fee but prior to patent grant. A QPIDS submission may only be filed after payment of the issue fee and before issuance of the patent.[4] Thus, with the expedition of the time between the date of Issue Notification and the Issue Date, the timeframe for submitting a QPIDS requests reduces as well. This narrow timeframe could affect the applicant’s chance of discovering new references before the issue date.
- Filing of continuation applications: A ‘continuation application’ is a patent application that allows an applicant to pursue additional claims or a different scope of protection for the same invention disclosed in the parent application without losing the benefit of the earlier filing date[5]. Since a continuation application can be filed at any point while at least one patent application in the family is pending[6], the faster timeframe for issuing a patent would mean less time for filing of a continuation application. It would be therefore highly recommended that applicants consider filing any continuation applications before the payment of the issue fee to ensure copendency of applications.[7]
- Prompt Review of Issue Notifications: For communicating the Issue Notifications– for those applicants who participate in the e-Office action program, the USPTO will email notification of the Issue Notification to the applicant’s designated email address. For those who do not participate in the e-Office action program, the USPTO will send a mailed Issue Notification prior to the issue date of the patent.[8] However, this leaves a possibility that a patent may be issued electronically before the applicant receives a mailed Issue Notification. In light of faster issuance of patents, applicants and legal professionals will need to diligently monitor USPTO communications for Issue Notifications due to the risk that the patent may issue even before the physical Issue Notification is received.
Looking Ahead
The USPTO’s decision to accelerate patent issuance reflects its commitment to enhance efficiency and effort towards modernization of its processes. It would be best for patent applicants and legal professionals to review their internal procedures to adapt to this faster pace, ensuring that all strategic decisions, particularly concerning the filing of continuation applications, are made in a timely manner to safeguard their intellectual property rights.
Author: Nida Basade, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.
References:
- https://www.uspto.gov/subscription-center/2025/starting-today-applicants-will-begin-receiving-patents-faster#:~:text=As%20previously%20announced%20in%20a,Date%20averaged%20around%20three%20weeks.
- https://www.uspto.gov/patents/initiatives/quick-path-information-disclosure-statement-qpids
- https://www.uspto.gov/web/offices/pac/mpep/mpep-0200.pdf
- https://www.uspto.gov/about-us/news-updates/uspto-modernization-efforts-successfully-expedite-patent-issuance?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
- https://www.uspto.gov/web/offices/pac/mpep/s609.html#:~:text=An%20information%20disclosure%20statement%20filed%20in%20accordance%20with%20the%20provisions,before%20a%20patent%20is%20granted.
- https://devlinlawfirm.com/2025/05/uspto-accelerates-patent-issuance-strategic-implications-for-continuation-and-divisional-applications/
- https://www.lexology.com/library/detail.aspx?g=08c2235f-9b8a-437d-9c0a-7cf8abbbb0c2
- https://www.lowenstein.com/news-insights/publications/client-alerts/uspto-announces-accelerated-patent-issuance-timeline-patent
- https://www.lexology.com/library/detail.aspx?g=ddb1df1f-c9cf-4eed-86ae-f32ebb2e6cde#:~:text=Recent%20USPTO%20notice,and%20thus%20provide%20earlier%20protection.
- https://www.iiprd.com/patent-information-disclosure-statement-ids/
[1] https://www.uspto.gov/subscription-center/2025/starting-today-applicants-will-begin-receiving-patents-faster
[2]https://patentcenter.uspto.gov/
[3] 37 C.F.R §1.56 and 37 CFR § 1.97
[4] https://www.uspto.gov/sites/default/files/documents/qpids_faq.pdf
[5] 201.07 Continuation Application [R-08.2017] MANUAL OF PATENT EXAMINING PROCEDURE
[6] 35 U.S.C. 120 States & 37 CFR 1.53
[7] 211.01(b) Claiming the Benefit of a Nonprovisional Application [R-01.2024] https://www.uspto.gov/web/offices/pac/mpep/s211.html#ch200_d1ff71_20c3a_2b8
[8]1309 Issue of Patent [R-01.2024] https://www.uspto.gov/web/offices/pac/mpep/s1309.html