(USPTO’s) prioritized examination program that aims to bring an application to final disposition within twelve months in exchange for an additional fee. Far fewer practitioners know there is an analog at the appeal stage: the Fast-Track Appeals Pilot Program. Under a May 6, 2026, Federal Register notice, the program was extended for two more years, and its decision target was tightened. For appeals that cannot afford to sit in the queue, it deserves a fresh look.

What the program does

The Fast-Track Appeals Pilot Program lets an Appellant with a docketed ex parte appeal ask the Patent Trial and Appeal Board (PTAB) to advance the appeal out of turn. It was launched on July 2, 2020, and has been extended multiple times, most recently on May 6. The mechanism is straightforward: file a petition, pay the petition fee, and certify eligibility.

The pitch is acceleration. Under the latest modification, the PTAB now targets a decision within four months of the appeal entering the program, down from the six-month target that had applied since 2020. As of March 2026, the Office reports that average ex parte appeal pendency is currently about 8.5 months, down from approximately 13 months. Cutting that time roughly in half can matter materially in cases where competitor activity, patent term consumption, or downstream filings are sensitive to the timeline. Of note, however, both the 4-month Fast-Track target and the 8.5-month average appeal pendency are measured from PTAB docketing. Fast-Track does not shorten the front-end of the appeal, i.e., the filing of the Notice of Appeal, Appeal Brief, Examiner’s Answer, and Appeal Forwarding Fee may still consume their normal time (typically six or more months before docketing). The Appellant can actively accelerate that window, however. Once the case is on PTAB’s docket, the program meaningfully compresses the decision window.

How it parallels Track One

Both Track One and Fast-Track Appeals are user-initiated, fee-based acceleration tools that advance an application’s position in the queue without changing the substantive standard of review. Both have published target windows. Both impose modest procedural requirements without imposing a higher standard of patentability.

Of note, Track One status does not carry over to appeal. An applicant who paid for Track One during examination, and who later finds the case rejected and headed to the PTAB, must file a separate Fast-Track petition to maintain accelerated handling at the appeal stage.

Eligibility, in plain terms

Four conditions must be met for an appeal to be eligible:

• The application is an original utility, design, or plant nonprovisional application. “Original” here is a USPTO term of art (MPEP § 201.02) meaning “non-reissue”, i.e., continuations, divisionals, and continuations-in-part are all eligible.
• The ex parte appeal is pending before the PTAB with a docketing notice issued. Filing earlier in the process is premature.
• The appeal is not already accorded special status under MPEP § 708.01 (e.g., inventor age or health).
• The petition is filed by a practitioner with proper power of attorney or by a pro se Appellant.

The 125-per-quarter cap (and how to monitor it)

To protect the PTAB’s overall pendency for non-Fast-Track appeals, the Office caps granted Fast-Track petitions at 125 per quarter. Quarters run in three-month blocks measured from the most recent extension date. Accordingly, the first quarter under the current extension runs from May 6, 2026, to August 6, 2026.

The USPTO publishes a live quota table at www.uspto.gov/PTABFastTrack showing petitions received and slots remaining each quarter. As of the date of this publication, no petitions have been received this quarter, and all 125 slots remain available. If the quota fills, however, the PTAB retains discretion to grant a small number above the cap or to hold excess petitions in abeyance for consideration in the next quarter. They are not categorically denied.

A few practical realities

Three points are easy to overlook:

• Timing. The Fast-Track petition can only be filed after the PTAB issues the docketing notice. As previously indicated, that typically comes months after the initial Notice of Appeal filing.
• No refund. The $452 fee is non-refundable regardless of whether the petition is granted or denied. 
• Hearing constraint. If an oral hearing is requested and then rescheduled, the case loses Fast-Track status and returns to the regular queue.

Conclusion

For practitioners who routinely shepherd cases through final rejection, the Fast-Track Appeals Pilot Program belongs in the same conversation as Track One. Although Fast-Track does not shorten the front-end of the appeal, an Appellant can compress that window by promptly filing the Appeal Brief, any Reply Brief, and the Appeal Forwarding Fee rather than running the full statutory period at each stage. With modest historical uptake, a live quota table that confirms slot availability before the fee is paid, and a USPTO commitment to grant any petition that meets the formal requirements, the no-refund concern is minimal in practice.