The United States Trademark and Patent Office (USPTO) has announced that Patent Trial and Appeal Board (PTAB) has started to accept petitions for expedited resolution of ex-parte appeals for COVID-related inventions.
The authorization to file a petition for a quick review of appeals related to the COVID 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.
There is no cost for appeals related to COVID-19 in this pilot program. 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.