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

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.

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.