When an applicant files a nonprovisional application, it is usually examined when the PTO gets around to it.  There are many different departments handling different classes of inventions (i.e., biotech, chemical, mechanical, etc.). Applications will be further classified to an individual examiner who will examine the application on a first come, first serve basis. Certain departments are so backed up that it may take well over a year (and in many instances much longer) for the applicant to receive just the first Office action. That means the entire examination process can often take several years.

But there are a few options for speeding this up.

The first is by qualifying for a petition to make special.  The application may qualify to be made special and if it meets the criteria it will be examined before the usual first come first serve queue. These will be granted in cases where the applicant is 65 years of age or older or  is in bad health. In addition, the criteria for a petition to make special may also be met if the invention will enhance the quality of the environment, serve to counter terrorism, or help with the conservation of energy resources. There are other possibilities for qualifying as well. These will generally require a fee in addition to meeting specific criteria.

In other instances, the application may qualify for the revised accelerated examination program.  There are many requirements for this program. Just a few criteria for the accelerated examination program include that the application cannot have any multiple dependent claims, it must be filed electronically, and it must contain a support document.  Basically, the applicant must do more work to get the application in shape to qualify for expedited examination. The goal of this program is to complete the examination of the application within 12 months from the filing date of the application.

Another method for speeding up the examination of an application is to request prioritized examination at the time of the filing.  This was implemented with the America Invents Act and is a newer process the goal of which is for the Office to examine each application in the program within 12 months.  Applicants must send in a fee as well as the proper documents in order to qualify for the prioritized examination program. In order to qualify, **the application must not contain more than four independent claims, more than 30 total claims, or any multiple dependent claims.

This is just a general overview of the options available for speeding up the examination of an application. There are many more specifics involved in this process.