What are the requirements for a small entity to request prioritized examination?

For a small entity to request prioritized examination, the following requirements must be met:

• The application must be an original utility or plant nonprovisional application filed under 35 U.S.C. 111(a).
• 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, and no multiple dependent claims.
• The request must be accompanied by the prioritized examination fee set forth in 37 CFR 1.17(c), the processing fee set forth in 37 CFR 1.17(i), and if not previously paid, the publication fee set forth in 37 CFR 1.18(d).

As stated in MPEP 708.02(b): ‘The fees for prioritized examination are set forth in 37 CFR 1.17(c) and must be paid upon filing of the request for prioritized examination.’

To learn more:

• prioritized examination
• small entity
• patent application requirements