U.S. Patent Office Implements COVID-19 Pilot Program for Prioritized Examination

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Snell & WilmerThe 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.

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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