USPTO announces COVID-19 deferred-fee patent application programme
The United States Patent and Trademark Office (USPTO) has unveiled a deferred-fee provisional patent application pilot programme for inventions that combat COVID-19.
Under the pilot programme, applicants may defer payment of the provisional application filing fee until the filing of a corresponding, non-provisional application. They must also agree that the technical subject matter disclosed in their provisional applications can become publicly available on the USPTO’s website.
To qualify for the programme, applicants need to ensure that the subject matter disclosed in the provisional application must also relate to a product or process related to COVID-19, and must seek Food and Drug Administration (FDA) approval for COVID-19 use. This approval should have already been obtained, pending, or be sought before the marketing of the invention for COVID-19.
A statement that announced the programme on September 16, said: “The USPTO recognises that its mission to issue high-quality patents to inventors goes hand-in-hand with dissemination of important scientific information to the public to promote further innovation.
“This information flow is now more important than ever in view of the urgent challenges posed by the COVID-19 outbreak.”
It added: “By making their disclosures available, applicants can contribute to the public in the fight against COVID-19 while protecting their patent rights.”
Provisional applications accepted into this pilot must include a technical disclosure; a provisional application cover sheet; be submitted as DOCX format via the Patent Centre; and include a certification and request to participate in the programme (form PTO/SB/452) with the filing.
The programme will accept applications for 12 months, from September 17, 2020.
The office added that depending on feedback and public interest, the technological scope could also be expanded beyond COVID-19 to other areas that are the focus of pioneering or rapid innovation.
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