Is it possible to file a petition to make an application special without a fee?
A petition to make an application special may be filed without a fee if the basis for the petition is:
(1) The applicant’s age or health; or
(2) That the invention will materially:
- (i) Enhance the quality of the environment;
- (ii) Contribute to the development or conservation of energy resources; or
- (iii) Contribute to countering terrorism.
The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.
The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 708.01 of the MPEP. The following is a brief summary of section 708.01.
708.01 List of Special Cases
This section references 37 C.F.R. 1.102 which discusses the advancement of examination. It includes a list of special cases which are advanced out of turn for examination.