How are “special” applications handled during the appeal process?

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.

Applications that have been designated as “special” receive expedited treatment throughout the entire prosecution process, including appeals. MPEP 1203 states, “If the applicant remains diligent, an application for patent that once has been made special and advanced out of turn by the United States Patent and Trademark Office (Office) for examination will continue to be special throughout its entire course of prosecution in the Office, including appeal, if any, to the Board.” For more information on special applications, refer to MPEP § 708.01.