USPTO Extends Its Pilot Program for Expedited Review of COVID-19-Associated Patent Applications

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The U.S. Patent and Trademark Office (USPTO) has extended its pilot program for expedited review of COVID-19-associated patent applications to 30 June 2022.  This is the third extension of the COVID-19 Prioritized Examination Pilot Program (the Program), which is designed to expedite examination of products and processes tied to Covid-19.  As of 7 February 225, applications have issued as U.S. patents after being granted “prioritized status.”

The Program allows micro and small-entity applicants to request expedited examination without paying a prioritized examination and processing fee, which is required for most other  such requests.  To qualify for the Program, the application must, among other requirements, (1) must be filed with the Request, (2) claim priority to no more than one non-provisional application, and (3) include at least one COVID-19-related method or product claim subject to Food and Drug Administration approval for COVID use.  More information is available at the USPTO’s website describing the Program

The USPTO has also instituted programs to expedite COVID-19 related appeals and trademarks.

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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