Pre-Grant Patent Prosecution Services: Filing Patent Petitions

During the examination (patent pending) period of the patent application process, patent petitions are offered by the USPTO to specific applicants that are eligible to apply for them. Patent petitions are formal requests submitted to the USPTO to seek relief or special consideration regarding specific matters related to a patent application. The most common petitions filed include: the petition to make special, petition to revive abandoned application, and the petition for extension of time.

Petition to Make Special

The petition to make special requests the expedited examination of a patent application based on certain criteria, such as the age and health of the applicant/inventor. If the applicant/inventor is over the age of 65, they are eligible to file a petition to make special due to age. If the health condition of the applicant/inventor is declining or in a bad state, they are eligible to file a petition to make special due to health. For either petition, evidence must be provided to the USPTO, such as a birth certificate or medical documents.

Petition to Revive Abandoned Application

The petition to revive an abandoned application requests the reinstatement of a patent application that has been declared abandoned. Abandonment can be due to the applicant's failure to respond to an office action or other USPTO requirements correctly or within the specified deadlines. Along with any supporting material, a statement explaining the circumstances that led to the abandonment must be included at the time of filing the petition. The USPTO considers each case individually, evaluating whether the applicant's failure to respond was unintentional and whether the delay in filing the petition was unavoidable or due to circumstances beyond the applicant's control. If the petition to revive an abandoned application is granted, the abandoned application will be reinstated, and the prosecution of the application will resume from the point of abandonment.

Petition for Extension of Time

The petition for extension of time requests additional time to meet a deadline set by the USPTO during the patent prosecution process. USPTO deadlines are set when responding to office actions, paying fees, or taking other actions related to a patent application. A statement explaining the reasons why the extension of time is being requested must be included at the time of filing the petition. Common reasons for the request of an extension of time include illness or incapacity of the applicant or attorney, unavailability of necessary documents or information, or unforeseen circumstances beyond the applicant's control.

For more information on other ways to speed up the patent process, check out our article on Accelerating Patent Applications.

An experienced patent practitioner will be familiar with the relevant petition requirements, procedures, and forms to ensure the appropriate petition is filed. The USPTO grants petitions on a case-by-case basis, therefore it is crucial to be persuasive with supporting documents. Petitions are typically filed electronically through the USPTO's electronic filing system (EFS-Web), but can also be mailed to the USPTO. At the time of filing, any required petition fees must be paid.

Visit carsonpatents.com for our list of the pre-grant patent services we offer.

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