How does filing a petition to make special affect prioritized examination status?

How does filing a petition to make special affect prioritized examination status?

Filing a petition to make special can affect the prioritized examination status of an application. The MPEP 708.02(b) states:

“If an applicant files a petition to make special under 37 CFR 1.102(c) or (d) while a request for prioritized examination under 37 CFR 1.102(e) is pending, the application will lose its prioritized examination status.”

This means that:

  • If a petition to make special is filed while a prioritized examination request is pending, the application will no longer be considered for prioritized examination.
  • The application will be examined according to the special status granted by the petition, if approved.
  • The prioritized examination fee will not be refunded in this case.

Applicants should carefully consider their options before filing a petition to make special if they have already requested prioritized examination.

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Tags: patent application, petition to make special, prioritized examination, USPTO procedures