What is the ‘Special Examining Procedure’ for certain biotechnology applications?

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.

What is the ‘Special Examining Procedure’ for certain biotechnology applications?

The USPTO has established a Special Examining Procedure for certain biotechnology applications. According to MPEP 708.01:

Applications in biotechnology filed by applicants who are small entities should be examined under the special procedure described in MPEP § 708.02, subsection XII.

Key points about this procedure include:

• It applies to biotechnology applications filed by small entities
• The procedure is designed to expedite examination of these applications
• Examiners are instructed to follow specific guidelines outlined in MPEP § 708.02, subsection XII

This special procedure recognizes the importance of biotechnology innovations from smaller entities and aims to facilitate their timely examination and potential issuance as patents.