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Prioritized Examination for Certain COVID-19 Related Patent Applications

May 14, 2020

On May 8, 2020, the United States Patent and Trademark Office (USPTO) announced a new program for expediting certain COVID-19 related patent applications. Under the COVID-19 Prioritized Examination Pilot Program, the USPTO will grant requests for prioritized examination to small or micro entity status applicants without requiring payment of the typical prioritized examination fees. Also under this program, the USPTO will endeavor to reach final disposition of applications within six months if applicants are responsive.

To qualify for this program, the claims of the patent application must cover a product or process that is subject to U.S. Food and Drug Administration approval for use in the prevention or treatment of COVID-19.

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Braginsky, Philip Partner and Co-Chair of Intellectual Property Group and Pharmaceutical and Biologics Practice and China Practice Partner and Co-Chair of Intellectual Property Group and Pharmaceutical and Biologics Practice and China Practice 212.216.8065 VCard
Lin, Rachel J. Counsel Counsel 212.216.1152 VCard

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