A special petition is a request submitted to the U.S. Patent and Trademark Office to expedite the patent process. This may be applicable in specific scientific fields such as cancer research and energy conservation, or in cases where the inventor is ill or elderly. It can also be requested if someone is already infringing on the invention.
A petition to expedite the patent process, known as a petition to make special, is a formal request submitted to the U.S. Patent and Trademark Office. This request aims to accelerate the review of a patent application for several reasons. These reasons include the invention being related to a highly valued field of science like cancer research or energy conservation. Additionally, if the inventor is sick or elderly and requires the patent to be granted promptly, they may file this petition. Moreover, if there is already infringement occurring on the invention, the inventor may seek expedited patent approval to safeguard their rights. For instance, if an inventor has developed a groundbreaking cancer treatment, they may file a petition to make special to hasten the patent process. This is because cancer research is considered a prioritized area of science, and the inventor may wish to bring their treatment to the market swiftly to assist patients. Similarly, an elderly inventor who has created an energy-saving device may file a petition to make special to witness their invention being utilised before their passing. In summary, a petition to make special serves as a means for inventors to expedite the patent process for their inventions due to various compelling factors.
A Petition to Make Special is a request made to the United States Patent and Trademark Office (USPTO) to expedite the examination of a patent application.
You can file a Petition to Make Special at any time during the prosecution of your patent application, but it is typically filed after the application has been filed and before the first Office Action is issued.
To file a Petition to Make Special, you must provide a statement explaining why your application should be expedited, along with any supporting evidence or documentation. Common reasons include age or health of the inventor, pending litigation, or national security concerns.
Yes, there is a fee associated with filing a Petition to Make Special. The current fee can be found on the USPTO’s official website.
The review process for a Petition to Make Special can vary, but it typically takes several weeks to a few months for the USPTO to make a decision.
If your Petition to Make Special is granted, your patent application will be expedited and given priority over other pending applications. This means that you may receive a faster examination and potentially an earlier decision on your patent.
If your Petition to Make Special is denied, your patent application will continue to be examined in the regular order. You will not receive any special treatment or expedited processing.
Yes, you can appeal the denial of your Petition to Make Special. You can file an appeal with the USPTO’s Patent Trial and Appeal Board (PTAB) within a specified timeframe.
Yes, there are alternatives to filing a Petition to Make Special. For example, you can request an accelerated examination or utilize the Patent Prosecution Highway (PPH) program if your application meets the eligibility criteria.
Yes, you can withdraw your Petition to Make Special at any time before a decision is made by the USPTO. However, once a decision has been made, it may not be possible to withdraw the petition.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/petition-to-make-special/
- Modern Language Association (MLA):Petition To Make Special. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/petition-to-make-special/.
- Chicago Manual of Style (CMS):Petition To Make Special. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/petition-to-make-special/ (accessed: May 09 2024).
- American Psychological Association (APA):Petition To Make Special. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/petition-to-make-special/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts