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Patentative

Can a continuation use Track One, and what does it cost?

Updated Oct 23, 2026

Short answer

Yes. A continuation can get Track One prioritized examination if the request is made when the continuation is filed. The fee is $4,515 for a large entity, $1,806 small, $903 micro, plus a $150, $60 or $30 processing fee. Claims are capped at 4 independent and 30 total. In FY2026 the USPTO averaged 4.9 months from the grant of the request to a final disposition.

Sources: 37 CFR 1.102(e), 37 CFR 1.17(c), USPTO Track One dashboard.

What does Track One cost?

Track One is the USPTO’s prioritized examination program. Two fees are due with the request: the prioritized examination fee and a processing fee (37 CFR 1.17(c), (i)(1)).

Track One fees, effective Jan 19, 2025 (unchanged in the fee schedule last revised Aug 14, 2026)
FeeLargeSmallMicro
Prioritized examination · 1.17(c) · 1817 / 2817 / 3817$4,515$1,806$903
Processing · 1.17(i)(1) · 1830 / 2830 / 3830$150$60$30
Together$4,665$1,866$933

Before Jan 19, 2025 the fee was $4,200 / $1,680 / $840. The USPTO program page still shows those old amounts, and so do most articles that rank for this topic. Use the current fee schedule.

The USPTO accepts up to 20,000 requests per fiscal year. A final rule raised the limit from 15,000, effective Jul 8, 2025 (90 FR 29990).

Can a continuation use Track One?

Yes. Any original utility or plant nonprovisional application under 35 U.S.C. 111(a) qualifies. That includes continuations, divisionals, CIPs and 365(c) bypass continuations (37 CFR 1.102(e)). The conditions:

  • The request must be present on filing. You cannot add it to the continuation later.
  • File electronically, with the basic filing, search and examination fees paid on filing.
  • At most 4 independent claims and 30 total claims, and no multiple dependent claims.

Prioritized examination is also available with a request for continued examination (RCE). It is not available directly to 371 national stage applications (only after an RCE), designs, reissues or provisionals.

Decide before you file

For a continuation, Track One is a filing-day decision. Draft the claims to fit 4 independent and 30 total, with no multiple dependents, and include the request and both fees in the filing.

How fast is Track One?

The USPTO goal is a final disposition within 12 months of the grant of prioritized status, on average (program page). Measured results are faster. The Track One dashboard reports these FY2026 averages:

Track One pendency, FY2026 cumulative (USPTO dashboard, Sep-26 column)
IntervalAverage months
Filing to petition grant2.04
Petition grant to first action1.64
Petition grant to allowance4.24
Petition grant to final disposition4.93

A final disposition is a notice of allowance, a final rejection or an abandonment. Adding the first and last rows gives roughly 7 months from filing to a final disposition. That sum is ours, not a USPTO figure.

What is the Track One allowance rate?

The USPTO does not publish one. Its dashboard counts final dispositions. Over the 12 months to September 2026 it shows 9,123 allowances, 5,432 final rejections and 616 abandonments (dashboard data).

Allowances were about 60% of those final dispositions (our calculation). That is not an allowance rate. Many applications that receive a final rejection are allowed later, after an RCE. Higher rates quoted online come from third-party analytics, not from the USPTO, and we could not check them against a primary source.

What does a Track One continuation cost in USPTO fees?

The table adds the basic filing, search and examination fees, the two Track One fees, and the continuing application fee where it applies. It assumes a utility continuation filed in Patent Center in DOCX, with up to 20 claims and 3 independent claims.

USPTO fees only, due at filing. Attorney fees are not included.
ItemLargeSmallMicro
Basic filing, search and examination fees · 1.16(a), (k), (o)$2,000$730$400
Track One fee · 1.17(c)$4,515$1,806$903
Processing fee · 1.17(i)(1)$150$60$30
At filing, earliest benefit date 6 years ago or less$6,665$2,596$1,333
Plus continuing application fee, more than 6 to 9 years · 1.17(w)(1)$2,700$1,080$540
At filing, more than 6 to 9 years$9,365$3,676$1,873
At filing, more than 9 years (CAF $4,000 / $1,600 / $800)$10,665$4,196$2,133
  • The small-entity basic filing fee is $70 when filed electronically, which Track One requires (37 CFR 1.16(a)).
  • Using the full Track One allowance of 30 claims and 4 independent claims adds $2,600 large, $1,040 small or $520 micro in excess claim fees ($200 / $80 / $40 per claim over 20, $600 / $240 / $120 per independent claim over 3).
  • Filing in a format other than DOCX adds $430 / $172 / $86.
  • The issue fee comes later, on allowance: $1,290 / $516 / $258.

Does your continuation owe the surcharge?

Enter the earliest benefit date and a planned filing date. The free calculator shows the last free day and the fee for each entity size.

Open the surcharge calculator

Why consider it for a continuation aimed at a competitor product?

A pending application has no enforceable claims. When a competitor launches a product, the value of a continuation that may support claims covering it depends on how soon those claims can issue.

  • Speed to an issued claim. Without Track One, a new continuation joins the regular examination queue. On FY2026 figures, Track One reached a final disposition about 7 months after filing.
  • Focused claims suit the limits. A continuation drafted around one product often needs only a few claim sets. The 4 / 30 cap is often enough.
  • The cost is known up front. Every fee is published and due at filing. The continuing application fee applies with or without Track One once the family is more than 6 years past its earliest benefit date.

The parent still has to be pending when the continuation is filed. See the continuation deadline for the last day to file, and continuation strategy for competitor products for why targeting a product with supported claims is proper.

What should you check before filing?

  1. A family member is still pending, and you know its last day to file.
  2. The specification as filed may support each claim you plan to present, with paragraph citations.
  3. The claims fit 4 independent and 30 total, with no multiple dependents.
  4. The earliest benefit date, so you know whether the continuing application fee is due.
  5. The Track One request, both Track One fees and the filing, search and examination fees go in with the filing.

Informational only, not legal advice. Have a registered patent practitioner review before filing.

Questions about Track One for continuations

Can a continuation get Track One prioritized examination?

Yes. Any original utility or plant nonprovisional application filed under 35 U.S.C. 111(a) can qualify, and that includes continuations, divisionals, CIPs and bypass continuations. The request must be present when the continuation is filed, the application must be filed electronically with the filing, search and examination fees paid, and it may have at most 4 independent and 30 total claims, with no multiple dependent claims (37 CFR 1.102(e)).

How much is the Track One fee in 2026?

The prioritized examination fee is $4,515 for a large entity, $1,806 for a small entity and $903 for a micro entity (37 CFR 1.17(c)). A processing fee of $150, $60 or $30 is also due (37 CFR 1.17(i)(1)). These amounts have applied since Jan 19, 2025. The USPTO program page still shows the older $4,200 figure.

Can I request Track One after the continuation is filed?

Not for that filing. For a continuation, the request must be present on filing (37 CFR 1.102(e)). Prioritized examination is also available later together with a request for continued examination (RCE), which is a separate route.

How long does Track One take?

On the USPTO Track One dashboard for FY2026, the average was 2.04 months from filing to the grant of prioritized status, 1.64 months from grant to first action, 4.24 months from grant to allowance, and 4.93 months from grant to final disposition. Added together, that is roughly 7 months from filing to a final disposition. The USPTO goal is a final disposition within 12 months of the grant, on average.

What is the Track One allowance rate?

The USPTO does not publish one. Its dashboard counts final dispositions: over the 12 months to September 2026, 9,123 allowances, 5,432 final rejections and 616 abandonments. Allowances were about 60% of final dispositions. That is not an allowance rate, because many applications are allowed after a final rejection and an RCE. Higher figures quoted online come from third-party analytics, not from the USPTO.

Is there a limit on Track One requests?

Yes. The USPTO accepts up to 20,000 requests per fiscal year. The limit was raised from 15,000 by a final rule effective July 8, 2025 (90 FR 29990).

Does the continuing application fee still apply with Track One?

Yes. Track One does not replace the continuing application fee. A continuation filed more than 6 years after its earliest benefit date owes $2,700 (large entity) on top of the Track One fees, or $4,000 after 9 years (37 CFR 1.17(w)).

Planning a fast continuation for a competitor product?

Send the application number and a link to the product. We check whether the pending specification may support claims covering it, map the support to paragraphs, and flag the last day to file. Reply by email within 48 hours. The first reviews are free.