The USPTO announced earlier today that nearly 400 applications have been examined under the COVID-19 Prioritized Patent Examination Pilot Program and the COVID-19 Prioritized Trademark Examination Program. These programs began earlier this year in response to the COVID-19 pandemic. Under these programs, the USPTO can grant requests for prioritized examination of applications for qualifying COVID-19 medical products and services, without payment of typical fees associated with other prioritized examination procedures.

Under the COVID-19 Prioritized Patent Examination Pilot Program, the USPTO has granted 251 requests for prioritized examination since May 2020, which has resulted in 33 patent applications being allowed or granted. These patent applications were directed toward medical treatments, vaccines, diagnostic technology, ventilators, personal protective equipment, and other COVID-19 related technology. The pilot program for patents will continue until the USPTO has accepted a total of 500 requests, though the USPTO may extend or terminate the program early depending on feedback from the public, administrative resources, and effectiveness of the program.

It is critical for an intellectual property system to be responsive during times of national emergencies. As stated by the Director of the USPTO, Andrei Iancu, “Over the past two centuries, solutions to some of the nation’s greatest problems have passed through the halls of the USPTO, and it’s very likely that some of the solutions to America’s current pandemic have already been examined by this agency.”

The COVID-19 Prioritized Patent Examination Pilot Program may help applicants seeking fast issuance of a patent on a COVID-19 related technology. Still, we encourage applicants to further consider possible lost opportunities for accruing Patent Term Adjustment if the length of the patent term may be important.