23 - Make special - age and health

Deciding Office:  Office of Petitions

The petition to make special on the basis of age can also be filed as an  ePetition [PDF].

The criteria for a petition to make special on the basis of age or health are set forth in 37 CFR 1.102, MPEP § 708.02

In general, these are the steps for filing a petition to make special on the basis of age or health:

  • Petitioners should note that personal/medical information submitted as evidence to support the petition will be available to the public if the application file and contents are available to the public pursuant to 37 CFR 1.11 or 1.14.
  • If applicant does not wish to have this information become part of the application file record, the information must be submitted pursuant to MPEP § 724.02.
  • Petitions to make special - applicant's health

An application may be made special upon a petition by applicant accompanied by any evidence showing that the state of health of the applicant is such that the applicant might not be available to assist in the prosecution of the application if it were to run its normal course, such as a doctor's certificate or other medical certificate.

Fees:

No petition fee is required.

How to file:

This petition may be filed using any of these delivery methods.

  • Petitions to make special - applicant's age

An application may be made special upon filing this petition including any evidence showing that the applicant is 65 years of age, or more, such as applicant's statement or a statement from a registered practitioner that evidences that the applicant is 65 years of age or older.

Fees:

No petition fee is required.

How to file:

This petition can be filed as an ePetition.

If the petition to make special on the basis of age is not being filed as an ePetition, a petition may be filed using any of these delivery methods.

For the relevant patent laws and rules applicable to petition to make special on the basis of age or health, please see:

  • 37 CFR 1.102, Advancement of examination;
  • MPEP § 708.02, Petition to make special; and
  • MPEP § 724.02, Method of submitting trade secret, proprietary, and/or protective order materials

Forms:

If the petition to make special on the basis of age is not being filed as a web-based ePetition, petitioner may use the form PTO/SB/130.

For the petition to make special on the basis of health no form is available.  Petitioner should submit a signed request that includes information listed in Requirements of a petition.

For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).