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ARTICLE · 06 AUGUST 2026

USPTO PIER Pilot Program Targets PCT Backlog

Barnes & Thornburg LLP
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The United States Patent and Trademark Office has launched a mandatory pilot program that fundamentally changes how certain PCT national stage applications are processed, introducing a new decision point that could significantly impact patent term adjustment and examination strategy. Selected applicants must choose between proceeding with examination, delaying for 12 months with PTA consequences, or abandoning their applications based on international phase work products.

United StatesIntellectual Property
Samuel C. Giesting
Samuel C. Giesting
Taylor Lavender
Taylor Lavender
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Effective April 9, the United States Patent and Trademark Office (USPTO) launched the PCT Informed Examination Request (PIER) Pilot Program — a one-year initiative designed to reduce the USPTO's growing application backlog and examination pendency by introducing a mandatory new decision point for certain U.S. national stage applications filed under 35 U.S.C. § 371. Unlike most USPTO pilot programs, participation in PIER is not voluntary: the USPTO selects applications at its discretion, and applicants cannot opt in or opt out. 

How the Program Works 

For selected applications, the USPTO will issue a Requirement for Information (RFI) under 37 CFR § 1.105, referencing the PCT international phase work products already present in the national stage file — including the International Search Report (ISR), Written Opinion of the International Searching Authority (WO/ISA), and, where applicable, the International Preliminary Report on Patentability (IPRP).

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