How can I file a Petition to Make Special based on environmental quality?

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.

To file a Petition to Make Special based on environmental quality, your invention must materially enhance the quality of the environment. According to MPEP 708.02(III):

The petition and accompanying papers should include the following:

  • Statement of the field of environmental quality that the invention affects.
  • Statement of how the invention materially enhances the quality of the environment.
  • Statement that the materiality of the invention’s contribution is substantial.
  • Explanation of the state of the art in the field and how the invention has moved the art substantially beyond its previous boundaries.

The MPEP further states: Applicant must show that the invention materially enhances the quality of the environment by contributing to the restoration or maintenance of the basic life-sustaining natural elements. This means your invention should have a significant positive impact on air, water, or soil quality.

Tags: patent application, petition to make special