Small business efforts to patent technology which deals with the COVID-19 outbreak will be getting a boost thanks to the United States Patent and Trademark Office (USPTO). Effective May 14, 2020, the USPTO has opened an express lane for certain patent applications which are directed to COVID-19 related technology, and are filed by applicants who meet the USPTO’s requirements for small or micro entity status at the USPTO (for example, having fewer than 500 employees, among other things). Patent applications accepted into the program will receive fast-tracked examination without the usual fees for the program which can otherwise total several thousand dollars.
Under the COVID Fast Track Program, up to 500 COVID-19 related patent applications, filed by small or micro entities and accompanied by the proper USPTO Form sb0450, will be accepted into the program and examined on a prioritized basis. The goal of the USPTO for patent applications accepted into the COVID Fast Track Program is to reach final disposition (e.g., allowance, final rejection, etc.) within 12 months of the application filing date. If the applicant replies to all USPTO communications within 30 days, the USPTO will endeavor to reach final disposition within 6 months.
In addition to the applicant(s) qualifying for small or micro entity status, to participate in the COVID Fast Track Program the patent application must, among other things:
- contain one or more claims directed to a product or process related to COVID-19;
- the COVID-19 related product or process must also be subject to an applicable Food and Drug Administration (FDA) and approval for COVID-19 use;
- (a) be a new U.S. nonprovisional or international (PCT) patent application, or (b) claim priority to one U.S. non-provisional utility or plant patent application, or to one international (PCT) patent application;
- be accompanied by the proper form (USPTO sb0450), and
- be filed electronically through the USPTO website.
Requirements and instructions for filing patent applications under this COVID-19 Prioritized Examination Pilot Program (COVID Fast Track Program) are provided on a dedicated USPTO webpage. The complete USPTO announcement for the COVID Fast Track Program can be found in the Federal Register.
