Prioritized Examination For Certain COVID-19 Related Patent Applications

Tarter Krinsky & Drogin LLP
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On May 8, 2020, the United States Patent and Trademark Office (USPTO) announced a new program for expediting certain COVID-19 related patent applications. Under the COVID-19 Prioritized Examination Pilot Program, the USPTO will grant requests for prioritized examination to small or micro entity status applicants without requiring payment of the typical prioritized examination fees. Also under this program, the USPTO will endeavor to reach final disposition of applications within six months if applicants are responsive.

To qualify for this program, the claims of the patent application must cover a product or process that is subject to U.S. Food and Drug Administration approval for use in the prevention or treatment of COVID-19.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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