Part I – The Surprising Similarity Between Inventors and Good Wine

By:Miriam Samis US Patent Agent and Israel Patent Attorney

If you’re a wine lover, you probably already know that aging wine can work wonders for its flavor, aroma, and color. It turns out that getting older has some perks in the United States Patent and Trademark Office (USPTO).

As in many jurisdictions around the world, it typically takes several years from filing a patent application in the USPTO until the examination is completed. It’s worth knowing that the USPTO offers the opportunity to an inventor to accelerate the patenting process by submitting a “Petition to Make Special” on the basis of advancing age, namely, 65 years or older. To submit a Petition based on age, the only criterion is that at least one named inventor satisfies that condition.   Proof of age must be shown to the patent practitioner prior to submission of the Petition and, voila!  Unlike other methods available in the USPTO to accelerate examination (stay tuned for some more on this topic later!), there is no USPTO fee associated with this Petition, making it an excellent option to consider if you are eligible.  

So, if you fit the bill, and are looking for a relatively simple and cost-efficient manner in which to hasten the examination of your patent application, a Petition to Make Special based on age is a great option. 

Just like wine, aging also has its benefits when working with the USPTO!

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