Q) Petition to make Special (4.03.21p)

by admin on April 8, 2010 · 1 comment

in Exam Questions

Recent test takers report question #21 from the October 2003 (pm) exam is in the Patent Bar database of tested questions.

21. In accordance with the USPTO rules and the procedures set forth in the MPEP, 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 CFR 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) is the most correct answer. See MPEP § 708.02, under the heading “IV. Applicant’s Age.” (A) is wrong because MPEP § 708.02, under the heading “IV. Applicant’s Age, states, “[a]n 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, under the headings “II. Infringement,” “VII, Inventions Relating To Recombinant DNA,” and “X. Inventions Relating To HIV/AIDS and Cancer,” respectively.

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1 SolNo Gravatar April 1, 2012 at 9:05 pm

just as a reminder, birth certificate is not required. A statement is all you need.

“…such as **applicant’s statement >or a statement from a registered practitioner that he or she has evidence that the applicant is 65 years of age or older<."

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