Can I request accelerated examination for design patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

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 filed.
  • The same fee requirements apply as for utility patent applications.

It’s important to note that while the overall process is similar, some requirements may differ for design patents compared to utility patents. Consult with a patent attorney or agent for guidance on accelerated examination for design applications.

Tags: accelerated examination, design patents, patent application, USPTO