What are the criteria for a patent application to be made special due to the applicant’s age?

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.

According to MPEP 708.01, an application may be made special based on the applicant’s age if:

• The applicant is 65 years of age or older, or
• The applicant is in poor health and fears they may not survive long enough for their application to be examined under normal procedures.

The MPEP states: A petition to make an application special on the ground of applicant’s age or health may be granted by the Director of the Technology Center. This means that the decision to grant special status is at the discretion of the Technology Center Director.