Consider an Accelerated Examination...or Not

Typically, the examination process for a utility patent application is between 2 to 5 years. (Don't shoot the messenger.) But, there are ways to accelerate that process. A "petition-to-make-special" is one of those ways. Though, it can come at a price to the inventor. In fact, only if the applicant is at least 65 years of age can an application be expedited at no additional cost or effort, through a petition to make special (PTMS). If the applicant's health is poor, however, a PTMS can be submitted along with a showing of evidence that the applicant is indeed in poor health, which can involve much more preparation.

Now, there are still other reasons that the USPTO will accept, in granting an accelerated examination of a patent application. If an inventor has a project that significantly protects/improves the environment or society (in general terms), saves energy, or advances certain fields of science, then the patent application may qualify for expedition. In such cases, a PTMS can be filed. If the inventor feels the project is in jeopardy because of existing infringement, or because a manufacture may only be available temporarily, then a PTMS may also be filed. But, in any of these cases (except for applicants of poor health, or of age 65) the results of a fairly comprehensive international patent search must be submitted with a petition. This adds to the expense of the application, whether the search is conducted professionally, or by the inventor.

These requirements are relatively new. And, many now feel that they put an undue burden on the inventor, especially if the USPTO creates its own backlog. And, when it comes to expediting the examination process, some believe that age and poor health give the only practical advantage. Incidently, where there are two or more co-inventors of a particular project, only one of them needs to qualify...