The United States Patent and Trademark Office (USPTO) recently implemented significant changes to the availability of expedited prosecution for design patent applications. Here’s a breakdown of what’s changed:
Elimination of Expedited Examination (“Rocket Docket”) for Design Patents
The USPTO suspended the expedited examination procedure for design patent applications (commonly known as the “Rocket Docket” under 37 CFR 1.155) effective April 17, 2025, and issued a final rule eliminating the program as of August 14, 2025. This action was taken due to a surge in requests – a 560 percent increase — fraudulent micro entity certifications and a growing backlog of unexamined applications.
As of 2026, applicants can no longer request expedited examination for design patents under the Rocket Docket program. Any fees paid for such requests after the effective date are refunded.
Current Options for Expedited Design Patent Prosecution
Petitions to Make Special (Limited Circumstances)
Applicants may still file a petition to make a design application “special” based on the applicant’s age or health, specifically if the applicant is aged 65 or older or if the applicant’s health necessitates expedited examination.
These petitions can advance examination but require supporting documentation and payment of the petition fee. Applicants must provide documentation proving eligibility. For age, this may be a birth certificate or government-issued ID. For health, a physician’s statement or medical records are required. The USPTO reviews each petition and supporting documentation. Approval is not automatic; the petition must meet all requirements. If the petition is denied, the fee is generally not refunded.
The Accelerated Examination program remains available for design patents in limited circumstances, such as when the design serves a compelling government interest or addresses issues of environmental quality or energy conservation. Applicants must file a petition to make special with the appropriate showing and fee. Applicants must conduct a comprehensive pre-examination search and submit an Examination Support Document that identifies all relevant prior art and explains how the design is patentable over the prior art.
If the petition is granted, the application is advanced out of turn for examination. The average wait time for a first Office Action in an expedited design application is significantly shorter than standard examination – historically, it has been as little as 2.9 months after the request is granted.
Hague International Design Applications
International applicants should consider the Hague system, which requires design filings designating the United States to be examined within 12 months of filing. This can be a valuable strategy for those seeking protection across multiple jurisdictions and a predictable examination timeline.
Continuation Strategies
Filing continuation applications and informing the examiner of related pending applications may help reduce pendency, though this is not a guaranteed expedited route.
Track One Prioritized Examination
The USPTO’s Track One Prioritized Examination program, which offers a final disposition within 12 months for a fee, is only available for utility and plant patent applications – not for design patents.
Takeaways
The elimination of the Rocket Docket program marks a significant shift, requiring applicants to rethink their approach to securing timely protection for innovative designs. In this new environment, success hinges on understanding the remaining expedited options, their requirements, and how to strategically leverage available pathways.
Our Intellectual Property Practice Group closely follows developments in the field of patents and trademarks to keep clients aware of important developments. If you have questions or concerns about design patent-related matters, please reach out to attorney Tatyana Voloshchuk at (203) 653-5447 and tvoloshchuk@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
