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Newsletters & Client Alerts

USPTO Launches Petition to Prioritize the Initial Examination of Certain Applications and Related Webpage

Posted: July 8 at 9:20 AM

On June 15, the United States Patent and Trademark Office (USPTO) announced the COVID-19 Prioritized Examination Program for certain trademark applications in response to the COVID-19 outbreak and need to develop medical products and services to combat the COVID-19 virus. Specifically, trademark applicants that applied for marks used to identify the following qualifying COVID-19 medical products and services can file a Petition to the Director for a prioritized examination without any fees:

  • Pharmaceutical products or medical devices such as diagnostic tests, ventilators and personal protective equipment, including surgical masks, face shields, gowns and gloves, that prevent, diagnose, treat, or cure COVID-19 and are subject to approval by the United States Food and Drug Administration; and
  • Medical services or medical research services for the prevention, diagnosis, treatment of or cure for COVID-19.

The USPTO also noted that the approvals referenced above for pharmaceutical products or medical devices may include, but are not limited to, an Investigational New Drug (IND) application, an Investigational Device Exemption (IDE), a New Drug Application (NDA), a Biologics License Application (BLA), a Premarket Approval (PMA) or an Emergency Use Authorization (EUA).

Once the director reviews and grants the petition, the application will immediately be assigned to an examining attorney for review, which will be expedited by approximately two months and may be further expedited depending on how quickly the applicant responds to any USPTO correspondence.

Additionally, on June 30, the USPTO launched a related webpage, where applicants can find additional resources and information about this program.

Additional details can be found in the official notice on the USPTO’s website.

If you have questions or would like to discuss further, please contact Danica Mathes or Jennice Lee.