The applicant must certify that:
- The inventor or, where there are joint inventors, each joint inventor has not been named as the sole inventor or a joint inventor on any other nonprovisional application,
- The applicant and the inventor or, where there are joint inventors, the applicant and each joint inventor qualify for micro entity status under the gross income basis requirement. Note: Applicant must separately and properly establish micro entity status by filing USPTO Form SB/15A (Certification of Micro Entity Status – Gross Income Basis) no later than the date that the petition to participate in this pilot is filed, and
- The inventor or, where there are joint inventors, each joint inventor, named on the application is reasonably trained on the basics of the USPTO’s patent application process. More information about patent application training resources is provided below.
This program is open to non-continuing original utility nonprovisional applications that do not claim the benefit of the filing date of any prior-filed nonprovisional U.S. applications or international applications designating the United States under 35 U.S.C. 120, 121, 365(c), or 386(c). Note that claiming the benefit under 35 U.S.C. 119(e) of one or more prior provisional applications will not affect eligibility for this pilot program.
This program is not open to:
- Continuation, continuation-in-part, divisional, and bypass applications.
- Applications claiming a right of foreign priority under 35 U.S.C. 119(a)-(d) or (f) to one or more foreign applications.
- Applications entering the national stage under the Patent Cooperation Treaty as set forth in 35 U.S.C. 371.
Your patent application must be complete under 37 CFR 1.51 no later than the date the petition to make special under this program is filed. That is, your application must include:
- A specification,
- Drawing(s) if necessary,
- At least one claim,
- An oath or declaration in compliance with 37 CFR 1.63 (or a substitute statement in compliance with 37 CFR 1.64) for each named inventor, and
- Payment of all appropriate fees (that is, basic filing, search, and examination fees, and an application size fee if required) prior to or concurrently with filing the petition to make special under this program. To determine which fees are appropriate for your patent application, please refer to the current USPTO fee schedule.
You may delay filing your petition to make special until a filing receipt is issued and you are sure the application includes the above-noted items, to help avoid dismissal of your petition for being incomplete under 37 CFR 1.51. Your petition must still be filed before the examiner sends a first Office action in your application.
The patent application must be filed electronically using Patent Center, and the specification, claims, and abstract must be submitted in DOCX format on filing. To learn more about filing in DOCX format, please consider attending a DOCX training webinar or visiting the DOCX information page.
You must use Form PTO/SB/464 to make the required certifications and petition for participation in this program. Form PTO/SB/464 must be properly signed and filed electronically using Patent Center. Modified versions of this form will not be accepted.
More details regarding the program procedures and requirements may be found in the 2023 Federal Register notice for this program.