What types of patent applications receive special examination priority at the USPTO?
The USPTO grants special examination priority to certain types of patent applications. According to the MPEP, these include:
- Reissue applications, especially those where litigation has been stayed
- Ex parte reexamination proceedings involved in litigation
- Inter partes reexamination proceedings involved in litigation
- Cases with fixed 30-day due dates (e.g., examiner’s answers and decisions on motions)
- Other special cases, such as interference cases and cases made special by petition
The MPEP states:
“The order of examination for each examiner is to give priority to reissue applications and to reexamination proceedings, with top priority to reissue applications in which litigation has been stayed (MPEP § 1442.03), to ex parte reexamination proceedings involved in litigation (MPEP § 2261), and to inter partes reexamination proceedings involved in litigation (MPEP § 2661), then to those special cases having a fixed 30-day due date, such as examiner’s answers and decisions on motions.”
These special priorities ensure that time-sensitive and legally important cases are handled promptly.
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