What are the filing options for a request for prioritized examination?

There are two main filing options for a request for prioritized examination:

1. With the initial filing of an application: The request can be submitted along with a newly filed original utility or plant nonprovisional application under 35 U.S.C. 111(a).
2. With a Request for Continued Examination (RCE): The request can be filed concurrently with or after an RCE, as long as the application is still pending.

As stated in MPEP 708.02(b): ‘The request for prioritized examination may be filed with the application or with a request for continued examination (RCE) in compliance with 37 CFR 1.114.’

It’s important to note that for both options, all required fees must be paid at the time of filing the request for prioritized examination. These fees include the prioritized examination fee, processing fee, and publication fee (if not previously paid).

To learn more:

• prioritized examination
• filing options
• patent application