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On June 11, 2020, USPTO Director Andrei Iancu authorized an initiative[1] that may apply to an applicant who has filed an earlier foreign patent application[2] or a U.S. provisional patent application[3] and has missed the one-year deadline to file a U.S. nonprovisional utility patent application but would still like to obtain the right of the earlier filing date. Typically, the applicant still has two additional months to petition the USPTO to restore this right with a petition fee.[4] The USPTO has authorized an initiative to further extend the two-month period, while waiving the petition fee, in some situations. The initiative also applies to the corresponding six-month deadline to claim priority of a foreign filed design patent application.[5]
Continue Reading USPTO Announces a New Initiative to Provide Applicants Additional Time to Petition for Restoring a Right of Priority or Benefit

On May 4, the USPTO made available a new web-based intellectual property (IP) platform, Patents 4 Partnerships, to provide the public with a user-friendly, searchable repository of patents and published patent applications related to the COVID-19 pandemic. To be included in the repository, the patentee or patent applicant must indicate that the patent or patent application is available for licensing. The platform can help entities find collaborations to encourage voluntary licensing and commercialization of key innovations by helping to bring to the marketplace new products and technologies for the prevention, treatment, and diagnosis of COVID-19.
Continue Reading COVID-19 Web-Based IP Platform to Facilitate Connections

The United States Patent and Trademark Office (USPTO) today announced a new Prioritized Examination Pilot Program for qualified patent applications relating to COVID-19.  This program is available without the usual prioritized-examination fees and the USPTO’s goal under the program is to reach final disposition of applications in the program within twelve months from the date prioritized status is granted.  However, the USPTO notes that it may be able to reach final disposition in six months if applicants provide more timely responses to notices and actions from the USPTO.  This pilot program is limited to a total of 500 accepted requests, but the USPTO may extend or terminate the pilot program at its discretion.
Continue Reading COVID-19 Prioritized Examination Pilot Program Now Available for Small and Micro Entities

This week, the United States Patent and Trademark Office (USPTO) announced1 the Post-Prosecution Pilot Program (“P3”) for applicants to respond to a final rejection in a utility patent application.  Under the P3, an applicant may participate in a conference with a panel of three examiners to review the applicant’s response to a final rejection.  To obtain entry into the pilot, an applicant must submit:
Continue Reading Patent Office Adds Another After Final Option for Applicants – P3