The United States Patent and Trademark Office (USPTO) has introduced a pilot program to provide prioritized patent examination for patent applications that cover a product or process related to COVID-19. The product or process must be subject to an applicable U.S. Food and Drug Administration (FDA) approval for COVID-19 use.
Under the pilot program, the USPTO will grant qualified requests for prioritized examination without payment of the fees normally required for prioritized examination when an application is a small or micro entity. Importantly, the pilot program will initially be limited to 500 requests. The USPTO has indicated that the goal of prioritized examination is to provide a final disposition (i.e., allowance or refusal) within 12 months from the date the prioritized status was granted.
Specific details on the eligibility for the COVID-19 pilot program are outlined here.
Snell & Wilmer has been actively assisting clients from around the world with COVID-19-related patent matters. For further information, please contact Jeffrey D. Morton.
Republished with Permission
Source: https://www.swlaw.com/publications/legal-alerts/2793
©2020 Snell & Wilmer L.L.P. All rights reserved. The purpose of this publication is to provide readers with information on current topics of general interest and nothing herein shall be construed to create, offer, or memorialize the existence of an attorney-client relationship. The content should not be considered legal advice or opinion, because it may not apply to the specific facts of a particular matter. As guidance in areas is constantly changing and evolving, you should consider checking for updated guidance, or consult with legal counsel, before making any decisions.