What are the requirements for a petition to make special based on environmental quality?

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.

A petition to make special based on environmental quality must meet specific criteria as outlined in MPEP 708.02(V). The MPEP states:

‘A petition to make special based on environmental quality must establish that the invention materially (1) enhances the quality of the environment, or (2) contributes to the development or conservation of energy resources.’

To file such a petition, the applicant must:

• Submit evidence supporting the claim that the invention materially enhances environmental quality or contributes to energy conservation
• Include any necessary affidavits or declarations from experts in the field
• Pay the required fee for a petition to make special

The USPTO will evaluate the petition and supporting evidence to determine if the application qualifies for special status under this category.