I am in the process of filing my application online.

USPTO guideline says that Petition to Make Special Based on Age (EFS-Web SB130) may be filed at any time during prosecution of the application, but it requires application and conformation numbers, which I don't have as my application wasn't submitted yet.

Should I file the petition without the numbers or submit application and wait for the conformation?

  • Can you confirm you are filing a Utility application and not a "Provisional" application? If you don't understand my question feel free to leave a comment below.
    – PatKilg
    Jul 30 '15 at 15:54
  • I am filing Utility application
    – Pol99
    Jul 30 '15 at 22:44
  • There was a recent question involving a successful patent grant with a "Based on Age" consideration. It might be instructive to examine the Image File Wrapper for that patent in the Public Pair database. Jul 30 '15 at 23:00
  • I think it is better to file any document with all information required. So it is probably wise to file application, get application and conformation numbers and then file the petition including the numbers.
    – Pol99
    Jul 31 '15 at 17:39

File it with the initial filing. The fields for application number and anything else you don't have yet are optional.

Alternatively, if that makes you uncomfortable, file the application and then use the info from the electronic filing receipt (assuming you use EFS to file) to file the petition to make special the same day.

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