What are the requirements for a Petition to Make Special based on manufacture?

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.

To file a Petition to Make Special based on manufacture, you must meet specific criteria outlined in MPEP 708.02(IV). The key requirements are:

• The applicant must state that the product or process has been disclosed to the Office of Energy-Related Inventions of the National Institute of Standards and Technology (NIST).
• The disclosure must have been made within 3 months preceding the filing of the petition.
• The applicant must provide a copy of the disclosure document, including drawings, to the USPTO.

The MPEP states: A petition to make special under this subsection must state that the product or process has been disclosed to the Office of Energy-Related Inventions of the National Institute of Standards and Technology (NIST) for evaluation or a statement by an authorized official of that office that it has evaluated the product or process and found it to be promising.

This petition type is specifically for inventions related to energy conservation, renewable energy sources, or more efficient utilization of energy resources.