Typically, the USPTO examines patent and mark registration applications in the order in which they are received. In certain circumstances however, the USPTO will grant applications “special” status aimed at speeding up the examination time.
To receive this special status, an applicant must file a “petition” with the USPTO.
Petitions to Make Special for Mark Registration Applications
To petition the USPTO to grant special status to a registration application, the applicant must:
- Provide an explanation of the reason(s) for requesting the special status;
- Submit a sworn statement presenting facts that support the provided reason(s); and
- Pay a Petition Fee of $400.00.
Petitions to Make Special are usually granted only when circumstances would not apply equally to a large number of other applicants. For example, embarking on an advertising campaign would not be an acceptable reason for granting special status because it likely applies to a large number of applicants.
Moreover, applicants requesting special status must be able to demonstrate the possibility of the loss of substantial rights if examination time is not accelerated.
According to the USPTO, the most common reasons for granting special status include “the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration”.
Petitions to Make Special for Patent Applications
On the patent side of the USPTO, an applicant can petition for faster examination (or “special” status) of a patent application based on the age and/or health of the applicant.
The USPTO does not charge a fee for these types of Petitions to Make Special.
Generally, to petition the USPTO to grant this kind of special status to a patent application, the applicant must submit:
- A signed request for special status; along with either:
- Evidence that the applicant is 65 years of age, or older (this can be presented as a statement from the applicant or from a registered practitioner); or
- Evidence that health conditions make the applicant unavailable to assist in the prosecution of the application if it were to run its normal course (typically a doctor’s certificate or other medical certificate).
Note that unless protective instructions are provided, personal/medical information submitted with a Petition to Make Special may become publicly available.
While applications granted special status for age/health reasons might not be examined as quickly as those participating in the Track 1 Prioritized Examination or Patent Prosecution Highway programs, the Petition to Make Special is a cheaper and simpler alternative for those applicants that qualify.