How to speed up patent application based on inventor age

Petition to Make Special Based on Inventor Age

There’s a streamlined way to speed up utility patent applications based on the inventor’s age. An inventor who is at least 65 years old may file a petition to make special based on age with the USPTO to advance the examination of the patent application. By filing the PDF-based epetition via the USPTO EFS online system, the epetition will be automatically and instantly granted. So, make sure to tell your patent attorney your age if this applies to you.

The inventor should send to their patent attorney proof of their age, such as a copy of a birth certificate, driver’s license, or passport.

When should a petition based on inventor’s age be filed?

A petition to make special based on the inventor’s age must be filed before the first substantive Office Action. We typically file the petition promptly after the initial filing so that we can determine the application number.

How is a patent application expedited when a petition based on inventor age is granted?

A granted petition based on the inventor’s age will advance the patent application out of turn. This means that the patent application will cut in front of the line, and receive an initial review earlier than the average wait time for a first Office Action. Note that a granted petition shortens the initial waiting period, but does not make it any easier to get a patent.

How to speed up patent based on applicant’s health

If the applicant’s health is such that they might not be available to assist in the patent process, then a petition to make special may be filed accompanied by evidence showing the health condition of the applicant. Evidence may include a doctor’s certificate or other medical certificate. There is currently no available epetition based on health, so a petition must be properly drafted to meet all petition requirements.

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