708.02 Petition To Make Special
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Any petition to make special, other than those based on applicant’s health or age or participation in the Patent Prosecution Highway (PPH) pilot program, filed on or after August 25, 2006 must meet the requirements for the revised accelerated examination program.
Advancement of examination under 37 CFR 1.102 may be sought via a petition to make special under 37 CFR 1.102(c) or (d), or via a request for prioritized examination under 37 CFR 1.102(e).
I. APPLICANT’S HEALTH
An application may be made special upon a petition by applicant accompanied by any evidence showing that the state of health of the inventor or joint inventor is such that he or she might not be available to assist in the prosecution of the application if it were to run its normal course, such as a doctor's certificate or other medical certificate.
- No fee is required for such a petition.
- Personal/medical information submitted as evidence to support the petition will be available to the public if the application file and contents are available to the public.
II. APPLICANT’S AGE
An application may be made special upon filing a petition including any evidence showing that the inventor or joint inventor is 65 years of age, or more, such as a statement by the inventor or joint inventor or a statement from a registered practitioner that he or she has evidence that the inventor or joint inventor is 65 years of age or older.
- No fee is required with such a petition.
- Personal/medical information submitted as evidence to support the petition will be available to the public if the application file and contents are available to the public.
III. ENVIRONMENTAL QUALITY
The U.S. Patent and Trademark Office will accord “special” status to all patent applications for inventions which materially enhance the quality of the environment of mankind by contributing to the restoration or maintenance of the basic life-sustaining natural elements, i.e., air, water, and soil.
All applicants desiring to participate in this program should petition that their applications be accorded “special” status.
- The petition under 37 CFR 1.102 must state that special status is sought because the invention materially enhances the quality of the environment of mankind by contributing to the restoration or maintenance of the basic life-sustaining natural elements.
- No fee is required for such a petition.
If the application disclosure is not clear on its face that the claimed invention materially enhances the quality of the environment by contributing to the restoration or maintenance of one of the basic life-sustaining natural elements, the petition must be accompanied by a statement under 37 CFR 1.102 by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the materiality standard is met.
IV. ENERGY
The U.S. Patent and Trademark Office will, on petition, accord “special” status to all patent applications for inventions which materially contribute to
- (A) the discovery or development of energy resources, or
- (B) the more efficient utilization and conservation of energy resources.
Examples of inventions in category (A) would be developments in fossil fuels (natural gas, coal, and petroleum), hydrogen fuel technologies, nuclear energy, solar energy, etc.
Category (B) would include inventions relating to the reduction of energy consumption in combustion systems, industrial equipment, household appliances, etc.
All applicants desiring to participate in this program should petition that their applications be accorded “special” status.
- The petition under 37 CFR 1.102 must state that special status is sought because the invention materially contributes to category (A) or (B) set forth above.
- No fee is required for such a petition.
If the application disclosure is not clear on its face that the claimed invention materially contributes to category (A) or (B), the petition must be accompanied by a statement under 37 CFR 1.102 by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the materiality standard is met.
V. INVENTIONS FOR COUNTERING TERRORISM
In view of the importance of developing technologies for countering terrorism and the desirability of prompt disclosure of advances made in these fields, the U.S. Patent and Trademark Office will accord “special” status to patent applications for inventions which materially contribute to countering terrorism.
All applicants desiring to participate in this program should petition that their applications be accorded special status.
- The petition under 37 CFR 1.102 must state that special status is sought because the invention materially contributes to countering terrorism.
- No fee is required for such a petition.
If the application disclosure is not clear on its face that the claimed invention is materially directed to countering terrorism, the petition must be accompanied by a statement under 37 CFR 1.102 by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the invention materiality contributes to countering terrorism.
VI. HANDLING OF PETITIONS TO MAKE SPECIAL OR REQUESTS FOR ADVANCEMENT OF EXAMINATION
Applications which have been made special will be advanced out of turn for examination and will continue to be treated as special throughout the entire prosecution in the Office with the exception of applications having been granted prioritized examination which do not remain special on appeal.
Applications granted prioritized examination remain special until prioritized examination is terminated or until a final disposition of the application.
