Question 38
Domain 3: Patent Prosecution and MPEP-Based PracticeWhat is the standard for granting a petition to make special for accelerated examination?
Correct answer: B
Explanation
A petition to make special for accelerated examination requires the applicant to “conduct a pre-examination search” and submit an “examination support document.” These requirements show the applicant has identified relevant prior art and provided the examiner with a focused basis for review, which is the standard for accelerated examination.
Why each option is right or wrong
A. The applicant must pay triple fees
B. The applicant must conduct a pre-examination search and provide an examination support document
Under the USPTO accelerated examination program, the petition is governed by 37 C.F.R. § 1.102(e) and the requirements set out in MPEP § 708.02(a). The applicant must, before filing, conduct a pre-examination search of the prior art and file an examination support document identifying the most closely related references and explaining patentability; without both, the petition will not be granted.
C. The invention must relate to national defense
D. The applicant must waive all appeal rights