The USPTO’s New Semiconductor Technology Pilot Program

To encourage semiconductor development, the United States Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program today. The program expedites examination of up to 1,000 patent applications for semiconductor manufacturing before December 2, 2024. The program does not involve any added fee.

Applicants may qualify if at least one claim covers a process or apparatus for semiconductor device manufacturing. The claim(s) must also correspond to a technical concept in Classes H10 or H01L in the CPC system. To qualify, an application must claim priority either to only one U.S. nonprovisional or international PCT application, or to none at all.

Requesting this program involves filing a PTO/SB/467 form. This form includes four certifications:

1. The applicant has a good faith in meeting the Technology Requirement (see above);

2. The specification discloses a primarily focus on semiconductor device manufacturing for the relevant claim(s);

3. Expedited examination will improve semiconductor manufacturing; and

4. The inventors or joint inventors appear in only 4 or fewer other applications with petitions for this program.

The USPTO must receive any request for this program with a new application or national stage entry, or within 30 days afterward. The application must be filed in DOCX format in Patent Center. However, other requirements for other programs, such as Track 1 Prioritized Examination, do not apply.

The USPTO will advance applications in this program forward on an Examiner’s special docket before examination. Once examination starts, the USPTO will treat the application normally.

Please contact the Grüneberg and Myers firm if you have questions about using the Semiconductor Technology Pilot Program.