On June 26, 2006, the USPTO implemented Changes to Practice for Petitions in Patent Applications To Make Special and for Accelerated Examination.

New patent applications are normally taken up for examination in the order of their United States filing date. The above rule change allows applicants to petition for Make Special applications under the accelerated examination program. Allowing applications to be examined out of turn, with the goal of completing examination within twelve months of the filing date of the application.

The USPTO has similarly revised the procedures for other petitions to make special, except those based on applicant’s health or age or the PPH pilot program. Thus, all petitions to make special, except those based on applicant’s health or age or the PPH pilot program, will be required to comply with the requirements of petitions to make special under the accelerated examination program that are set forth in this notice.

The following summary of requirements for Accelerated Examination is provided for your quick reference only, and does not represent the complete and accurate rule regarding Accelerated Examinations. Nothing on 37CFR.com may be considered as legal advice regarding preparation, filing, or prosecution of your patent application or any pending or planned patent application filings. For detailed requirements, consult your registered patent attorney or agent, and see the full rules (PDF).

• The application must be filed with:
  • The petition to make special (form PTO/SB/28 recommended).
  • The fee under § 1.17(h), or a statement that the claimed subject matter is directed to environmental quality, energy, or countering terrorism (no fee required, see §1.102(c)(2)).
• The application must be complete under § 1.51 and in condition for examination upon filing:
• Example: application must include the filing fees and an executed oath or declaration under § 1.63.
• Application, petition, and required fees must be filed electronically via EFS-Web.
• EFS-Web system can now handle filing of sequence listings, large text files, and computer program listings.
• Must be a registered EFS filer to submit follow-on papers.
• Check EFS-Web materials to ensure preparation of PDF images compatible with EFS-Web system.
• The application must contain:
• 3 or fewer independent claims.
• 20 or fewer total claims.
• The application must not contain any multiple dependent claims.
• The claims must be directed to a single invention.