Can I petition for special status if my invention doesn’t fall under the specified categories?

Yes, you can still petition for special status even if your invention doesn’t fall under the specific categories mentioned in MPEP 1002.02(s). The MPEP provides a catch-all category for such cases, stating:

“petitions filed for reasons not otherwise provided for.”

This means that if your reason for seeking special status doesn’t fit into the categories of environmental enhancement, energy resource contribution, countering terrorism, or other specified reasons, you can still submit a petition. However, keep in mind that:

  • You should clearly explain the extraordinary circumstances warranting special status
  • Your petition will be evaluated on its individual merits
  • The bar for approval may be higher for non-standard reasons
  • You may need to provide strong justification for why your application should be expedited

It’s advisable to consult with a patent attorney or agent to help you prepare a compelling petition in such cases.

To learn more:

Tags: accelerated examination, special status petition, USPTO procedures