Petitions to Make Special Based on Age

Patent applications generally take quite a long time to prosecute. From the day they are filed, they can easily take two years before issuance, and often take much longer. Much of this time is usually consumed by initial waiting – the Patent Office assigns an examiner to the case, and you simply wait for the examiner to work through all the cases in front of yours. Sometimes this takes a year to two years. I’ve had a few cases that have received initial examination in as little as six months, but it is by far the exception to the rule.

There are ways to expedite examination of an application. When one of the inventors is older, a patent application can be expedited through what is known as a petition to make special based on age. As of this writing, the inventor must be at least 65 years old. A statement must also be made swearing that the inventor is at least 65 years. Only one of the inventors need be 65 or older – the fact that the other inventors may be younger does not destroy the opportunity.

When such a petition is submitted in an application, especially at the initial filing, it can significantly decrease the time to examination. I’ve had some cases that have been examined in as little as three months.   Just this morning, I received a notice of allowance in a case that was filed merely four months ago with a petition to make special based on age.