How does filing a petition to make special affect prioritized examination status?
How does filing a petition to make special affect prioritized examination status?
Filing a petition to make special can affect the prioritized examination status of an application. The MPEP 708.02(b) states:
“If an applicant files a petition to make special under 37 CFR 1.102(c) or (d) while a request for prioritized examination under 37 CFR 1.102(e) is pending, the application will lose its prioritized examination status.”
This means that:
- If a petition to make special is filed while a prioritized examination request is pending, the application will no longer be considered for prioritized examination.
- The application will be examined according to the special status granted by the petition, if approved.
- The prioritized examination fee will not be refunded in this case.
Applicants should carefully consider their options before filing a petition to make special if they have already requested prioritized examination.
To learn more: