How does the USPTO handle petitions to make special for applicants over 65 years old?

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.

The USPTO provides a special provision for applicants over 65 years old to expedite their patent applications. According to MPEP 708.02(III):

‘A petition to make special under this category must state that the applicant is 65 years of age, or more, and must be accompanied by evidence showing that the applicant is 65 years of age, or more.’

Key points about this provision include:

• No fee is required for this type of petition
• The applicant must provide proof of age (e.g., a birth certificate or other official document)
• If there are multiple inventors, each must be 65 years of age or older
• The petition must be filed with the application or within two months of the filing date

If granted, the application will receive expedited examination, potentially reducing the time to patent issuance.