What is an Accelerated Examination Support Document?
An Accelerated Examination Support Document is a critical component of the Accelerated Examination process. It must include: An information disclosure statement citing the most closely related prior art An identification of all limitations in the claims that are disclosed by the cited references A detailed explanation of patentability over the cited references A concise statement…
Read MoreWhat happens if an Accelerated Examination application becomes involved in proceedings outside the normal examination process?
When an Accelerated Examination application becomes involved in proceedings outside the normal examination process: The USPTO will treat the application as special before and after such proceedings During the proceedings, the application will not be accelerated The application will be processed expeditiously once the proceedings are completed The final disposition may occur later than twelve…
Read MoreHow does the USPTO handle replies in Accelerated Examination applications?
The USPTO has specific procedures for handling replies in Accelerated Examination applications: Replies must be filed electronically via EFS-Web for expeditious processing Any amendment not encompassed by the original accelerated examination support document requires an updated support document Non-responsive replies may be given a shortened statutory period of two months to supply omissions or corrections…
Read MoreCan an applicant withdraw from the Accelerated Examination program?
While there is no formal process for “withdrawal” from the Accelerated Examination program, an applicant can effectively exit the program by: Filing a petition for extension of time, which will result in the application being taken out of the program Abandoning the application in favor of a continuing application (which will not automatically receive special…
Read MoreHow does the USPTO handle post-allowance and appeal procedures in Accelerated Examination applications?
For post-allowance and appeal procedures in Accelerated Examination applications: The mailing of a notice of allowance or filing of a notice of appeal is considered the final disposition for the 12-month goal Applicants must pay the issue fee within three months of the notice of allowance to avoid abandonment To expedite issuance, applicants should pay…
Read MoreWhat is the goal of the Accelerated Examination program?
The primary goal of the Accelerated Examination program is to complete the examination of an application within twelve months from the filing date. This is achieved when one of the following final dispositions occurs: Mailing of a notice of allowance Mailing of a final Office action Filing of an RCE Abandonment of the application As…
Read MoreWhat are the specific requirements for a petition to make special under the accelerated examination program?
To file a petition to make special under the accelerated examination program, an applicant must meet the following specific requirements: File the application, petition, and required fees electronically using EFS-Web File a petition to make special with the appropriate fee File a statement that the application is limited to 3 or fewer independent claims, 20…
Read MoreWhat are the time limits for responding to Office actions in accelerated examination?
In the accelerated examination program, applicants must adhere to strict time limits for responding to Office actions. According to MPEP 708.02(a): Applicants must file a reply to Office actions within 1 month of the mailing date or abandonment will result No extensions of time will be permitted For final Office actions, the reply must be…
Read MoreWhat are the eligibility requirements for the Accelerated Examination program?
To be eligible for the Accelerated Examination program, an application must meet the following criteria: Be a non-reissue utility or design application filed under 35 U.S.C. 111(a) on or after August 25, 2006 Not be a plant application, reissue application, national stage application, reexamination proceeding, or RCE (unless previously granted special status) Not be based…
Read MoreCan I request accelerated examination for design patent applications?
Yes, accelerated examination is available for design patent applications. The MPEP 708.02(a) states: ‘Design applications may be included in the accelerated examination program.’ However, there are specific requirements for design applications: The application must be complete and meet all requirements for design patents. A petition to make special under the accelerated examination program must be…
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