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COVID-19 Prioritized Examination Pilot Program

On May 18, 2020, the United States Patent and Trademark Office (USPTO) provided additional guidelines for using the COVID-19 Prioritized Examination Pilot Program (“COVID-19 Program”) for COVID-19 related innovations.  Under the COVID-19 Program, the USPTO will expedite the examination of up to 500 eligible patent applications without requiring the significant additional fee the USPTO normally requires for expedited examination.   

To qualify for the COVID-19 Program:

  1. The application must contain at least one product or process claim related to COVID-19 and the claimed product or process must be subject to an applicable FDA approval for COVID-19 use.
  2. The application must be filed electronically using the USPTO patent electronic filing system (EFS-Web).
  3. The application must be a nonprovisional utility or plant patent application.  It can claim priority to one or more provisional applications and only one prior nonprovisional or international application.
  4. Application cannot claim priority to two or more nonprovisional or international applications.
  5. A pending application can qualify for the COVID-19 Program if a request is filed along with an RCE. 

How to enter the COVID-19 Program:

  1. Fill out Pilot Program Form PTO/SB/450.
  2. Upload to the USPTO Electronic Filing System.
  3. For an original utility application, select “New application/proceeding Utility > Track I Prioritized Examination – Nonprovisional Application under 35 USC 111(a)” as the EFS-Web submission type. Do not choose “Utility > Nonprovisional Application under 35 USC 111(a)“ or “Utility > Accelerated Exam.”
  4. For an already pending application, select “Existing application/patent/proceeding” > “Documents/Fees for an existing application/proceeding” as the EFS-Web submission type.
  5. When uploading your PTO/SB/450 form, select document description “COVID-19 Prioritized Examination Request” (found under both the “Track I – Prioritized Examination” and “Pilot Programs” categories) on the EFS-Web Attach Documents screen to ensure processing.

About the Author

Babak Akhlaghi is an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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