What are the time limits for prioritized examination requests?
The time limits for prioritized examination requests vary depending on when the request is filed. According to MPEP 708.01:
- For original applications: The request must be present upon filing. However, the applicant has a one-month period from the first decision on the request to cancel any claims exceeding the limits (4 independent claims, 30 total claims, or any multiple dependent claims).
- For requests filed with or after a Request for Continued Examination (RCE): The request must be filed before the mailing of the first Office action after the RCE filing.
The MPEP states: The request for prioritized examination in compliance with this paragraph must be present upon filing of the application, except that the applicant may file an amendment to cancel any independent claims in excess of four, any total claims in excess of thirty, and any multiple dependent claim not later than one month from a first decision on the request for prioritized examination. This one-month time period is not extendable.
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