What determines the priority of examination within an examiner’s docket?
Within an examiner’s docket, the primary factor determining examination priority is the effective U.S. filing date. The MPEP states:
“Each examiner will give priority to that application in his or her docket, whether amended or new, which has the oldest effective U.S. filing date.”
However, there are exceptions to this rule. For example, reissue applications, reexamination proceedings, and certain special cases may receive higher priority. The order of priority generally follows:
- Reissue applications with stayed litigation
- Ex parte and inter partes reexamination proceedings involved in litigation
- Special cases with fixed 30-day due dates
- Other special cases (e.g., interference cases, petitioned special cases)
- Regular applications by oldest effective U.S. filing date
To learn more: