What are the requirements for a compliant Prioritized Examination request?
A compliant Prioritized Examination request must meet the following requirements:
- The application must be a utility or plant nonprovisional application.
- The request must be filed with the application or with a Request for Continued Examination (RCE).
- The application must contain no more than 4 independent claims and 30 total claims.
- The request must include the required fees.
As stated in MPEP 708.02(b): “The prioritized examination request fee set forth in 37 CFR 1.17(c) and the processing fee set forth in 37 CFR 1.17(i) must be submitted in addition to the filing fee, search fee and examination fee for a utility application.”
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