The USPTO has established procedures under which the examination of a patent application may be accelerated. Under one of these procedures, the USPTO will advance an application out of turn for examination if the applicant files a grantable petition to make special under the accelerated examination program. The USPTO is similarly revising the procedures for other petitions to make special, except those based on applicant's health or age or the PPH pilot program. Other petitions to make special (i.e., based on: manufacture, infringement, environmental quality, energy, recombinant DNA, superconductivity materials, HIV/AIDS and cancer, countering terrorism, and biotechnology applications filed by small entities MPEP § 708.02 ) will be processed using the revised procedure for accelerated examination. Thus, petitions to make special, except those based on applicant's health, age, or the PPH pilot program , will be required to comply with the requirements for petitions to make special under the accelerated examination program as set forth in this notice.
The effective date for this change in practice is : 25 August 2006 .
Statistics
Decisions on Petitions to Make Special (May 29, 2015)
| Fiscal Year of Decision | Granted | Dismissed | Denied | Undecided |
|---|---|---|---|---|
| 2015 | 32 | 26 | 28 | 73 |
| 2014 | 106 | 53 | 83 | 0 |
| 2013 | 150 | 97 | 112 | 0 |
| 2012 | 257 | 161 | 129 | 0 |
| 2011 | 690 | 354 | 240 | 0 |
| 2010 | 452 | 312 | 275 | 0 |
| 2009 | 1130 | 664 | 358 | 0 |
| 2008 | 701 | 816 | 412 | 0 |
| 2007 | 219 | 363 | 341 | 0 |
| 2006 | 0 | 5 | 2 | 0 |
Decision Timelines on Petitions to Make Special (May 29, 2015)
| Fiscal Year of Decision | Decisions | Pendency (Days) - Mailroom to Decision |
|---|---|---|
| 2015 | 86 | 82.5 |
| 2014 | 243 | 93.5 |
| 2013 | 363 | 69.5 |
| 2012 | 554 | 66.3 |
| 2011 | 1297 | 64.3 |
| 2010 | 1051 | 58.3 |
| 2009 | 2178 | 93.9 |
| 2008 | 1963 | 57.4 |
| 2007 | 946 | 48.4 |
| 2006 | 7 | 21.9 |
2B43 First Action Pendency from Filing and PTMS Decision (May 29, 2015)
| Fiscal Year of First Action | Eligible 2B43 First Actions | Pendency (Months)- Filing to First Action | Pendency (months) - Petition Decision to First Action |
|---|---|---|---|
| 2015 | 42 | 5.77 | 2.42 |
| 2014 | 101 | 4.59 | 1.58 |
| 2013 | 149 | 4.88 | 1.48 |
| 2012 | 298 | 4.70 | 1.60 |
| 2011 | 678 | 4.65 | 1.90 |
| 2010 | 457 | 4.61 | 1.88 |
| 2009 | 1241 | 6.90 | 1.56 |
| 2008 | 538 | 4.83 | 1.61 |
| 2007 | 166 | 4.24 | 1.43 |
| 2006 | 0 | 0 | 0 |
2B43 Pendency from Filing and PTMS Decision (May 29, 2015)
| Fiscal Year of Issue/Aband. | Eligible 2B43 Issues/Aband. | Pendency (months)- Filing to Issues/Aband. | Pendency (months)- Petition Decision to Issues/Aband. |
|---|---|---|---|
| 2015 | 48 | 12.58 | 9.26 |
| 2014 | 126 | 14.68 | 11.39 |
| 2013 | 146 | 12.72 | 9.35 |
| 2012 | 445 | 9.90 | 6.66 |
| 2011 | 593 | 8.62 | 5.99 |
| 2010 | 825 | 11.42 | 6.79 |
| 2009 | 1097 | 10.90 | 6.25 |
| 2008 | 301 | 9.04 | 6.07 |
| 2007 | 45 | 6.87 | 4.41 |
| 2006 | 0 | 0 | 0 |
Comparison Chart of Domestic Acceleration Initiatives [PDF]
For more information on international worksharing programs and proposals, see the worksharing Web page: http://www.uspto.gov/ip-policy/patent-policy/patent-worksharing
Accelerated Examination Statistics [PDF] [data updated April 9, 2012]
Resources
Frequently Asked Questions [PDF] [updated March 28, 2018]
Guidelines
- Guidelines for Applicants under the Accelerated Examination Procedure [PDF] [updated August 16, 2016]
- Basic Search Strategy [PPT]
- PCT Minimum Documentation
Samples
Tips to Consider When Drafting an AE Submission
Powerpoint Presentations
- Accelerated Examination Web Seminar Presentation on November 2, 2006 [PPT]
- ZIP version [ZIP]
- Revised Accelerated Examination Program and Petition to Make Special Procedures [PPT]
- ZIP version [ZIP]
Federal Register Notices
- Changes in Accelerated Examination Practice (81 Fed. Reg. 54564 - August 16, 2016) [PDF]
- Changes to Practice for Petitions in Patent Applications To Make Special and for Accelerated Examination
( 71 Fed. Reg. 36323 - 26Jun2006) [PDF]
File On-Line via Patent Center
- EFS-Web (for Registered users)
- EFS-Web Help & Tutorials (new users please start here)
- Tutorial [PDF]
Filing for Accelerated Examination Of a New Application ; Responding to the USPTO about an Accelerated Examination Application - Fillable Form SB/28 ( Petition to Make Special Under Accelerated Examination Program Form) [PDF]
- Form SB/28 with sample information [PDF]
Contacts
Interim filing procedure for sequence listings:
On October 14, 2006 the USPTO deployed the newest release of EFS-Web. EFS-Web is now capable of handling sequence listings and other large text files. Therefore, the interim procedures for filing such large text files are no longer available. Applicants must file the entire application through the new improved EFS-Web interface.