What happens if an applicant fails to meet the requirements of accelerated examination?
What happens if an applicant fails to meet the requirements of accelerated examination?
If an applicant fails to meet the requirements of the accelerated examination program, the application will lose its special status. According to MPEP 708.02(a), the following situations can result in the termination of special status:
- Failing to respond to an Office action or notice within the required time period.
- Filing an amendment that significantly changes the scope of the claims or adds new claims.
- Filing a request for a suspension of action or an extension of time.
- Filing a petition under 37 CFR 1.53(c) to convert the application into a provisional application.
The MPEP states: ‘If an applicant files a petition or request to suspend or delay action in an application under accelerated examination, the application will be taken out of the accelerated examination program.’
Once special status is terminated, the application will be processed like a regular non-accelerated application.
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