Q) Make a Patent Application Special (4.00.36a)

by patentbar on November 9, 2007 · 6 comments

in Exam Questions

Questions #36 from the April 2000 (AM) patent bar exam is in the Prometric database.

36. A petition to make a patent application special may be filed without fee in which of the following cases?

(A) The petition is supported by applicant’s birth certificate showing applicant’s age is 62.

(B) The petition is supported by applicant’s unverified statement that applicant’s age is 65.

(C) The petition is supported by applicant’s statement that there is an infringing device actually on the market, that a rigid comparison of the alleged infringing device with the claims of the application has been made, and that applicant has made a careful and thorough search of the prior art.

(D) The petition is accompanied by a statement under 37 C.F.R. § 1.102 by applicant explaining the relationship of the invention to safety of research in the field of recombinant DNA research.

(E) The petition is accompanied by applicant’s statement explaining how the invention contributes to the diagnosis, treatment or prevention of HIV/AIDS or cancer.

ANSWER: (B). (A) is wrong because MPEP § 708.02, IV, recites, “An application may be made special upon filing a petition including any evidence showing that the applicant is 65 years of age, or more, such as a birth certificate or applicant’s statement. No fee is required with such a petition.” (C), (D), and (E) are wrong because a fee is required with respect to each petition. MPEP § 708.02, II, VII, and X, respectively.

{ 6 comments… read them below or add one }

1 OverworkkedNo Gravatar April 28, 2011 at 3:18 pm

Related Variant on 4/27/2011 MPEP E8R8 –

Patent on replenishing Soil. Wants to go Special/Accelerated Exam.

I. do something
II. do something else
III. do something else more
IV. do more

A. I
B. II
C. III
D. combo
E. all/none

The answer is straight from the MPEP – knock out one by one.

Reply

2 fengyuwuzuNo Gravatar August 5, 2011 at 2:29 pm

can anyone explain this problem?
How “The answer is straight from the MPEP – knock out one by one.”?

Reply

3 dlbNo Gravatar September 25, 2011 at 6:16 pm

This is from MPEP § 708.02

(c)A petition to make an application special may be filed without a fee if the basis for the petition is:
(1)The applicant’s age or health; or
(2)That the invention will materially:
(i)Enhance the quality of the environment;
(ii)Contribute to the development or conservation of energy resources; or
(iii)Contribute to countering terrorism.
(d)A petition to make an application special on grounds other than those referred to in paragraph (c) of this

4 dlbNo Gravatar September 25, 2011 at 6:18 pm

sorry….the rest of my previous message got cut off. But, the rest of it was supposed to say:

….section must be accompanied by the fee set forth in § 1.17(h).

Reply

5 GDBNo Gravatar April 20, 2012 at 12:54 am

Got a question on making an application special – old man in hospital conceives. Answer: he can apply to make an application special without filing a fee.

Reply

6 Churning Away NoMoreNo Gravatar July 1, 2012 at 2:28 pm

Got a variant of Making an Application Special. The question was worded that an inventor had a medical emergency (heart attack I think) and conceived an idea while on his way to the hospital and the inventor was over the age of 65. The two most likely answers were that the application could be made special and it all depended on if the fee was or was not required. The fee was not required because of his health and age and if the health wasn’t an issue the age would definitely make it free.

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