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April 14, 2021by Element IP

Today, the United States Patent and Trademark Office (USPTO) announced that the Patent Trial and Appeal Board (PTAB) will soon accept petitions for expedited resolution of ex parte appeals for COVID-related inventions. There is no cost for appeals related to COVID-19 in this pilot program, which starts on April 15, 2021.

A COVID-related appeal for eligibility into the pilot program must relate to a product or process that is subject to an applicable U.S. Food and Drug Administration (FDA) approval for COVID-19 use.

Petition grants for fast-track review of COVID-related ex parte appeals will be limited to a maximum of 500, and the USPTO has a goal to issue a decision for these appeals within six months of entry into the pilot program. In order to keep appeals on schedule, oral hearings under the program will be expedited and, once scheduled, will not be rescheduled or relocated.

The notice is published here.

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by Element IP

Element IP is a premier boutique intellectual property law firm. Created specifically to service the needs of users of the US patent system, our firm combines extensive experience in patent procurement, counselling, licensing, post-grant proceedings, and litigation with innovative technology and staffing solutions to provide clients with high quality work product in a cost-effective and efficient manner.