Can an applicant withdraw from the Accelerated Examination program?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While there is no formal process for “withdrawal” from the Accelerated Examination program, an applicant can effectively exit the program by:

  • Filing a petition for extension of time, which will result in the application being taken out of the program
  • Abandoning the application in favor of a continuing application (which will not automatically receive special status)
  • Filing an RCE, which will not remove the application from special status but may extend the examination beyond the 12-month goal

The MPEP states: “There is no provision for ‘withdrawal’ from special status under the accelerated examination program. However, filing a petition for extension of time will result in the application being taken out of the accelerated examination program.”

Tags: accelerated examination, patent application, USPTO procedures