What are the eligibility requirements for prioritized examination?

The eligibility requirements for prioritized examination include:

  • The application must be a utility or plant nonprovisional application, including continuing applications.
  • The application must not contain more than four independent claims and thirty total claims, with no multiple dependent claims.
  • Specific fees must be paid, including the prioritized examination fee, processing fee, and publication fee.
  • For new applications (Track One), the application must be filed electronically for utility applications.
  • For requests for continued examination (PE-RCE), the request must be filed before the first Office action after the RCE.

As stated in the MPEP, The application must contain, or be amended to contain, no more than four independent claims and no more than thirty total claims. In addition, the application must not contain any multiple dependent claims.

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