The United States Patent and Trademark Office (USPTO) will provide, for no additional fee, prioritized examination for COVID-19 related patent applications for applicants qualifying for small or micro entity status. This special pilot program will waive the fees associated with prioritized examinations, saving small entity applicants $2,000.
To qualify for this pilot program, the claims of the application need to incorporate a product or process subject to FDA approval and related to COVID-19, for instance its treatment and/or prevention.
The USPTO aims to reach final disposition for such applicants within six months (faster than the one-year time frame for typical Track I applications) if applicants respond swiftly to all actions or notices. The initial limit of the pilot program is 500 requests.
Originally published May 12, 2020.
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