Unlocking the Power of Experience: The Strategic Advantage of a Free "Petition to Make Special" for Inventors Over Age 65

An underutilized tool that can significantly expedite the patent examination process is the "Petition to Make Special" based on an inventor’s age. According to the Manual of Patent Examining Procedure (MPEP) § 708.02 II, a patent application can be made special if at least one named inventor is 65 years of age or older. This petition allows companies to accelerate the examination of their patent applications, typically completing examination of the patent in about a year or less.

The typical patent process can be lengthy, often taking over two or more years before a patent is issued. Much of this time is spent waiting for a patent examiner to be assigned and to work through their caseload. By leveraging the "Petition to Make Special," companies can move their patent applications to the front of the line, ensuring that valuable intellectual property is protected more swiftly. This can be particularly advantageous for companies with inventors, whose experience and expertise are critical assets.

For companies with employees or contractors over the age of 65, this strategy is not only about speed but also about preserving the intellectual capital of experienced inventors. Older employees often carry with them years of invaluable knowledge and insight, yet they are sometimes overlooked as they approach retirement. By using the "Petition to Make Special," companies can ensure that the innovations of these experienced inventors are promptly secured, adding significant value to their intellectual property portfolios. 

As an added bonus, the "Petition to Make Special" based on age is free—there are no fees payable to the USPTO for this petition. This makes it an even more attractive option for companies and individual inventors looking to protect their innovations without incurring additional costs.

At Ortiz & Lopez, PLLC, we encourage our patent clients to consider this option as part of their comprehensive patent strategy. Whether you're a large corporation, a startup, or an individual inventor, utilizing a "Petition to Make Special" based on age can be a powerful tool in safeguarding your innovations and maximizing the potential of your intellectual property.