What is the process for making an application special based on manufacture?
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.
The USPTO allows for applications to be made special based on manufacture under certain conditions. MPEP 708.02(VI) outlines this process:
‘An application may be made special on the ground of prospective manufacture upon filing a petition to make special accompanied by the fee under 37 CFR 1.17(h) and a statement by the applicant, assignee, or an attorney/agent registered to practice before the Office alleging:’
The statement must affirm:
- The invention is ready for manufacture
- A serious intent and ability to manufacture exists
- There’s an obligation to manufacture contingent upon patent issuance
Additionally:
- The statement must be in the form of an oath or declaration
- Evidence of ability to manufacture may be required
- The application will be examined promptly if the petition is granted
This provision aims to expedite applications that have immediate commercial potential and are ready for production.