Can 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 status)
  • Filing an RCE, which will not remove the application from special status but may extend the examination beyond the 12-month goal

The MPEP states: “There is no provision for ‘withdrawal’ from special status under the accelerated examination program. However, filing a petition for extension of time will result in the application being taken out of the accelerated examination program.”

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Tags: accelerated examination, patent application, USPTO procedures