How can an application be made special without a fee?

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 37 CFR 1.102(c), as cited in MPEP 708.01, an application can be made special without a fee if the basis for the petition is:

• The applicant’s age or health
• The invention will materially:
  • Enhance the quality of the environment
  • Contribute to the development or conservation of energy resources
  • Contribute to countering terrorism

The regulation states: A petition to make an application special may be filed without a fee if the basis for the petition is: (1) The applicant’s age or health; or (2) That the invention will materially: (i) Enhance the quality of the environment; (ii) Contribute to the development or conservation of energy resources; or (iii) Contribute to countering terrorism.