New USPTO PCT Informed Examination Request (PIER) Pilot Program Uses PCT Work Product to Streamline U.S. Patent Examination

The U.S. Patent and Trademark Office (USPTO) has announced a new pilot program, the PCT Informed Examination Request (PIER) Pilot Program, aimed at reducing application inventory and improving examination efficiency. Application inventory and total pendency, currently at 1,249,845 applications and total pendency of 27.9 months as traditionally measured, are both at all-time highs according to the USPTO’s dashboard. The PIER pilot was announced in the Federal Register on April 9, 2026, and will operate for an initial 12-month period, subject to possible extension or early termination.

Overview of the PIER Pilot Program

Under the PIER Pilot Program, the USPTO will select certain unexamined national stage applications (filed under 35 U.S.C. § 371) and issue a requirement for information. The requirement for information will direct applicants to review existing PCT international phase work products, including the International Search Report (ISR), Written Opinion (WO/ISA), and, where available, the International Preliminary Report on Patentability (IPRP), and to affirmatively state how they wish to proceed.

Participation is entirely at the USPTO’s discretion, applicants cannot opt in or out, and applications filed under 35 U.S.C. § 111(a) (utility, design, plant, and reissue applications) are not eligible.

Applicant Response Options

For applications selected into the program, applicants must respond to the USPTO’s requirement for information within two months (extendable up to six months). Failure to submit a complete response will result in abandonment. Applicants must choose one, and only one, of the following options using USPTO Form PTO/SB/478:

1. Proceed with Examination. Applicants may elect to proceed with U.S. examination immediately, and can optionally file a preliminary amendment to place the application in better condition for examination in light of the PCT work product.
2. Delay Examination for 12 Months. Applicants may request a one year delay of examination. While this delay will not require an additional USPTO fee, this delay will reduce potential patent term adjustments (PTA) and cannot be terminated early.
3. Expressly Abandon the Application. Applicants may elect to abandon the application, including (where appropriate) filing a separate petition to avoid publication. However, because a requirement for information is considered an action under 35 U.S.C. § 132, fee refunds are not available through express abandonment, which may reduce the practical benefit of this option.

Practical Implications for Applicants

The PIER Pilot Program represents a meaningful procedural shift for PCT based U.S. filings. In effect, the USPTO is requiring applicants to make an early, informed decision based on international search and examination results about whether continued U.S. prosecution is desired.

Some applicants will want to avoid any loss of PTA because in some industries the last years of term are the most valuable. Other applicants, such as those in technologies where PTA is less valuable, may find the ability to delay examination without cost attractive.

Takeaways

• Monitor national stage applications for a USPTO Requirement for Information. Applicants must file a Response to a Requirement for Information to avoid abandonment.
• Be prepared to make timely, strategic decisions tied to PCT search and patentability opinions.
• Coordinate U.S. prosecution strategy with global portfolio and commercialization planning.

We will continue to monitor the USPTO’s implementation of the PIER Pilot Program and share updates as the program evolves. Please contact us if you would like to discuss how this pilot may affect your current or future PCT-based U.S. patent filings.

Stites & Harbison, PLLC’s full-service Intellectual Property & Technology (IPT) Group regularly assists clients in the acquisition, management, licensing, and litigation of patents, copyrights, trademarks, and trade secrets. For questions, comments, or assistance with any intellectual property-related matters, please contact the author or any of the other attorneys in the IPT group.