What is the age requirement for a Petition to Make Special based on inventor’s age?

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.

According to MPEP 708.02(I), an applicant can file a Petition to Make Special based on the inventor’s age if:

• Any inventor is 65 years of age or older; or
• Any inventor is in poor health and fears that they may not be available to assist in the prosecution of the application if it is conducted under the normal procedure.

The MPEP states: A petition to make special under this subsection may be based on any inventor’s age or health. As indicated in MPEP § 708.02(a), if a request to make special is filed under 37 CFR 1.102(c), the petition for special status may be based on the age or health of a sole inventor, any one joint inventor, or the sole common inventor among applications filed by different inventive entities.