What are the specific requirements for a petition to make special under the accelerated examination program?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 under the accelerated examination program, an applicant must meet the following specific requirements:
- File the application, petition, and required fees electronically using EFS-Web
- File a petition to make special with the appropriate fee
- File a statement that the application is limited to 3 or fewer independent claims, 20 or fewer total claims, and does not contain any multiple dependent claims
- Submit an accelerated examination support document
- File an executed oath or declaration
- Provide a statement that a preexamination search was conducted
The MPEP 708.02(a) states: “A petition to make special under the accelerated examination program must include the following: (A) A petition fee under 37 CFR 1.17(h)… (B) A statement that the application is limited to 3 or fewer independent claims, 20 or fewer total claims, and does not contain any multiple dependent claims…”