Legal Definitions - petition to make special

A petition to make special is a formal request submitted to the U.S. Patent and Trademark Office (USPTO) asking them to speed up the review process for a patent application. Normally, patent applications are examined in the order they are received, which can take several years. However, in certain compelling circumstances, an applicant can ask the USPTO to prioritize their application, allowing it to be examined more quickly than usual.

This expedited processing is typically granted when there is a significant public interest, a pressing need for the technology, or specific circumstances related to the inventor or the invention itself that warrant faster consideration.

• Example 1: Addressing a Public Health Emergency

  Imagine a biotechnology company has developed a revolutionary new vaccine that offers immediate protection against a rapidly spreading, highly contagious virus. The company files a patent application for this vaccine. Given the urgent global health crisis, they could file a petition to make special, arguing that the immediate availability of this vaccine is crucial for public safety and health. The USPTO might grant this petition to expedite the patent examination, allowing the company to secure its intellectual property rights faster and bring the life-saving vaccine to market without undue delay.

• Example 2: Critical Infrastructure Innovation

  Consider an engineering firm that invents a novel, highly efficient system for purifying contaminated water sources, designed specifically for use in disaster-stricken regions where clean water is scarce. After filing their patent application, they learn of a major natural disaster that has severely compromised water supplies for millions of people. The firm could submit a petition to make special, emphasizing the immediate humanitarian need and the critical role their invention could play in providing safe drinking water. Expediting the patent process would help accelerate the deployment of this vital technology.

• Example 3: Preventing Imminent Market Loss for a Startup

  A small tech startup has created a unique, energy-saving device for data centers, which could significantly reduce electricity consumption and carbon emissions. They have secured a major investment round contingent on obtaining patent protection within the next six months, as several larger competitors are rumored to be developing similar technologies and are close to launching. To protect their innovation and secure their market position before competitors flood the market, the startup could file a petition to make special. This would allow them to potentially obtain their patent faster, giving them the legal grounds to defend their intellectual property against potential infringement and secure their investment.