What happens if a Prioritized Examination application becomes improper?

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.

If a Prioritized Examination application becomes improper, the USPTO takes specific actions:

MPEP 708.02(b) states: “If an amendment is filed that cancels all independent claims or presents a total of more than 30 claims, the prioritized examination will terminate. The application will be removed from the prioritized examination program and placed on the examiner’s regular docket.”

Additionally, if any other conditions for Prioritized Examination are no longer met, such as filing an extension of time or an amendment that requires a supplemental search, the application will be removed from the program and processed as a regular application.