What happens if an Accelerated Examination application becomes involved in proceedings outside the normal examination process?

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.

When an Accelerated Examination application becomes involved in proceedings outside the normal examination process:

• The USPTO will treat the application as special before and after such proceedings
• During the proceedings, the application will not be accelerated
• The application will be processed expeditiously once the proceedings are completed
• The final disposition may occur later than twelve months from the filing date

As stated in the MPEP: “If an application becomes involved in proceedings outside the normal examination process (e.g., a secrecy order, national security review, interference, or petitions under 37 CFR 1.181, 1.182, or 1.183), the USPTO will treat the application as special under the accelerated examination program before and after such proceedings. During those proceedings, however, the application will not be accelerated.”