Expedited Examination of COVID-19 Related Patent Applications

Posted on May 8, 2020 in News

On May 8, 2020, the United States Patent and Trademark Office (USPTO) announced that it will begin granting requests for prioritized examination of patent applications containing claims covering a product or process for use in the prevention and/or treatment of COVID-19.  The product or process must be subject to U.S. Food and Drug Administration (FDA) approval, and the applicant must be a small or micro entity. The USPTO says that it will endeavor to reach final disposition (e.g., final rejection or allowance) of applications in this program within six months if applicants respond promptly to communications from the USPTO. There is no fee to take advantage of this new program.

(Image Caption: Illustration of SARS-CoV-2, the Corona virus responsible for the COVID-19 pandemic. Credit CDC/ Alissa Eckert, MS; Dan Higgins, MAMS.)

by David M. Tener, Managing Partner