How can I request prioritized examination for my patent application?
Prioritized examination is a way to expedite the patent examination process. According to MPEP 1002.02(b), requests for prioritized examination are handled by the Deputy Commissioner who oversees the Office of Petitions or assigned staff: Requests for prioritized examination under 37 CFR 1.102(e), MPEP § 708.02(b) To request prioritized examination: File the request at the time…
Read MoreWhich types of applications are not eligible for prioritized examination?
According to MPEP 708.01, certain types of applications are not eligible for prioritized examination. These include: International applications that have not entered the national stage under 35 U.S.C. 371 Design applications Reissue applications Provisional applications Reexamination proceedings The MPEP states: Prioritized examination under this paragraph will not be accorded to international applications that have not…
Read MoreWhat happens if a Prioritized Examination application becomes improper?
If a Prioritized Examination application becomes improper, the USPTO takes specific actions: MPEP 708.02(b) states: “If an amendment is filed that cancels all independent claims or presents a total of more than 30 claims, the prioritized examination will terminate. The application will be removed from the prioritized examination program and placed on the examiner’s regular…
Read MoreHow do I request prioritized examination for a request for continued examination (PE-RCE)?
To request prioritized examination for an RCE (PE-RCE), the following conditions must be met: The application must be a non-reissue utility or plant nonprovisional application The publication fee must be paid The PE-RCE request must be filed before the first Office action after filing the RCE Only one PE-RCE request may be granted per application…
Read MoreHow does the USPTO handle excess claims in a prioritized examination application?
The USPTO has specific procedures for handling excess claims in a prioritized examination application: According to MPEP 708.02(b): ‘If the application contains more than 4 independent claims or 30 total claims, or any multiple dependent claim, applicant will be given a non-extendable time period of 2 months to cancel the excess claims and/or the multiple…
Read MoreWhat are the filing options for a request for prioritized examination?
There are two main filing options for a request for prioritized examination: 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). With a Request for Continued Examination (RCE): The request can be filed concurrently with or after…
Read MoreHow does the USPTO handle excess claims in a Prioritized Examination application?
The USPTO has specific procedures for handling excess claims in a Prioritized Examination application: According to MPEP 708.02(b): “If an application contains more than 4 independent claims or 30 total claims, the applicant will be notified and given a non-extendable time period of one month or thirty days, whichever is longer, to cancel the excess…
Read MoreWhat happens if the number of claims exceeds the limit during prioritized examination?
What happens if the number of claims exceeds the limit during prioritized examination? If the number of claims exceeds the limit during prioritized examination, the application may lose its prioritized status. According to MPEP 708.02(b): “If an amendment is filed subsequent to the filing date of an application under prioritized examination that results in more…
Read MoreWhat happens if I exceed the claim limits during prioritized examination?
If you exceed the claim limits during prioritized examination, the prioritized examination will be terminated. The MPEP states, After prioritized examination has been granted in an application, an amendment that results in more than four independent claims or thirty total claims, or a multiple dependent claim, will result in termination of prioritized examination. Upon termination:…
Read MoreWhat are the eligibility requirements for prioritized examination?
The eligibility requirements for prioritized examination include: The application must be a utility or plant nonprovisional application, including continuing applications. The application must not contain more than four independent claims and thirty total claims, with no multiple dependent claims. Specific fees must be paid, including the prioritized examination fee, processing fee, and publication fee. For…
Read More