by Katie Anderson
On June 15th, in light of the COVID-19 pandemic, the United States Patent and Trademark Office (USPTO) announced that applicants registering certain COVID-19 related medical products or services can request that their application receive accelerated examination. 
Applications are usually examined in the order in which they are received. 37 C.F.R § 2.146(a)(5) authorizes an applicant to petition that their application be examined sooner in “an extraordinary situation.”[1] The USPTO is essentially stating that the pandemic falls under this exception.
According to the USPTO, “[t]o qualify for the new program, the application must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical or medical research service for the prevention and/or treatment of COVID-19.”[2]
Filing a petition for accelerated examination usually costs a fee, but the USPTO will waive the fees for qualifying applicants.
References
[1] 37 C.F.R. § 2.146(a)(5).
[2] Press Release, United States Patent and Trademark Office, USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark and Service Mark Applications (June 15, 2020), https://www.uspto.gov/about-us/news-updates/uspto-announces-covid-19-prioritized-examination-program-certain-trademark.
