Timothy Maier

USPTO Covid-19 Relief Efforts Expanded To Include Fast Track For Ex Parte Appeals

As part of the U.S. Federal Government’s ongoing response to the global Covid-19 pandemic, the USPTO announced programs to prioritize Covid-19 related patent and trademark applications this past May and June respectively.

Those programs were well-received, and the USPTO granted prioritized special status to well over 400 Covid-related patent and trademark applications. Of the patent applications, most target medical treatments, vaccines, and diagnostic technology. The remaining make claims on ventilators, personal protective equipment (PPE), and other similar technology.

Now, the USPTO is continuing these efforts by providing for fast tracked review of ex parte appeals for specific Covid-related applications. Eligible applications must be tied to a product or process that is subject to an applicable U.S. Food and Drug Administration (FDA) approval for COVID-19 use.

Currently, the pilot program has allocated 500 spots for fast tracked appeals, which will be opened for petitions as of April 15, 2021. Petitions for fast-track status will receive a decision in two business days, while the Board has set a goal of decisions on the appeals themselves for within 6 months.

Maier & Maier has embraced these programs to assist our clients and help combat the ongoing virus. If you have any questions or concerns about the pilot or how it may apply to your applications, please reach out to us here.

Category: Firm News, General