On April 15, 2025, the United States Patent and Trademark Office (“Office”) announced that the Office will be accelerating patent Issue Dates. Specifically, effective May 13, 2025, the time between issuance of an Issue Notification and actual Issue Date will be reduced to about two weeks. The time between issuance of an Issue Notification and actual Issue Date has previously averaged about three weeks.
The Office asserts that this reduction in time will benefit inventors by providing earlier patent protection and may reduce the need to file Quick Path Information Disclosure Statement (QPIDS).
However, as an applicant has three months from becoming aware of a material reference in which to file a QPIDS, the Office’s reduction in time reduces the time during which applicants can evaluate whether a newly discovered reference is material and, if necessary, file a QPIDS.
Moreover, as any desired continuing application based on the issuing application must be filed before the Issue Date, the Office’s reduction in time reduces the time during which applicants may decide to file a continuing application. In fact, the Office cautions that this reduction in time may result in patent Issuance occurring before receipt of the Issue Notification, for applicants who decline to participate in the Office’s e-Office Action program. Accordingly, it is more prudent than ever to file any desired continuing application(s) based on an issuing application as soon as practicable after receiving a Notice of Allowance, and we recommend filing any such continuing application(s) before or concurrent with the payment of the Issue Fee.