ARTICLE · 11 JUNE 2020

USPTO Program Provides Prioritized Examination For COVID-19 Related Inventions For Small Entities

Pearl Cohen Zedek Latzer Baratz

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The United States Patent and Trademark Office (USPTO) will provide, for no additional fee, prioritized examination for COVID-19 related patent applications for applicants qualifying

United StatesIntellectual Property

The United States Patent and Trademark Office (USPTO) will provide, for no additional fee, prioritized examination for COVID-19 related patent applications for applicants qualifying for small or micro entity status. This special pilot program will waive the fees associated with prioritized examinations, saving small entity applicants $2,000.

To qualify for this pilot program, the claims of the application need to incorporate a product or process subject to FDA approval and related to COVID-19, for instance its treatment and/or prevention.

The USPTO aims to reach final disposition for such applicants within six months (faster than the one-year time frame for typical Track I applications) if applicants respond swiftly to all actions or notices. The initial limit of the pilot program is 500 requests.

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