What takes precedence over special cases in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 708.01, certain procedures take precedence over actions on special cases:
- Completion and mailing of all papers typed and ready for signature
- Processing of ‘Printer Rush’ cases within the indicated period
- Reissue applications, particularly those involved in stayed litigation
- Applications with set time limits, such as examiner’s answers due within 2 months after appellant’s brief
- Applications ready for allowance or final rejection
The MPEP states: Certain procedures by the examiners take precedence over actions even on special cases. For example, all papers typed and ready for signature should be completed and mailed. All allowed cases returned to the examiner marked as a ‘Printer Rush’ must be processed and returned within the period indicated.