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7304 Maintenance exam contents

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COVID-19 Prioritized Examination Pilot application

the united states Patent and Trademark office (USPTO) will accept requests for prioritized examination of as much as 500 qualifying patent applications with out requiring charge of certain expenses associated with prioritized examination. beneath this pilot, the USPTO will advance out of turn definite patent applications concerning COVID-19 for examination, ensuing in their prioritized examination. The USPTO goals to supply remaining disposition of patent applications within the pilot in one year or much less after it grants prioritized reputation. 

COVID-19 Prioritized Examination Pilot application description: 

  • functions should include one or extra claims to a product or method regarding COVID-19.
  • Such claimed product or technique must be discipline to an relevant food and Drug Administration (FDA) popularity of COVID-19 use.
  • The request have to encompass a certification that the applicant qualifies for both small or micro entity repute and an carried out application data Sheet (ads) meeting the necessities of 37 CFR 1.fifty three(f)(three)(i). 
  • candidates ought to file a grantable request below this initiative the use of the USPTO patent digital submitting device (EFS-net or Patent center) if filing the request in a utility utility.
  • applicants should use Pilot software form PTO/SB/450 to request participation within the pilot.
  • The pilot is open to: 
  • non-continuing, normal, nonprovisional utility or plant patent purposes filed with an appropriate request to take part 
  • usual, nonprovisional utility or plant applications making a benefit claim beneath 35 americaC. 120, 121, or 365(c) to one prior nonprovisional software or one prior foreign utility designating the united states filed with an appropriate request to take part 
  • utility or plant purposes, including the country wide stage of a prior foreign application, through which an acceptable request to take part has been filed with or after a request for persevered examination (RCE), if no prior RCE changed into granted prioritized examination repute.  
  • The costs set forth in 37 CFR 1.17(c) and (i)(1) don't seem to be required to participate in the program.
  • Any software that claims the benefit of the submitting date of two or greater prior to now filed non-provisional U.S. purposes or overseas purposes designating the united states beneath 35 u.s.a.C. 120, 121, or 365(c) isn't eligible for participation in this pilot, but the applicant may additionally request prioritized examination under 37 CFR 1.102(e). 

    advantage claims to one or more prior provisional purposes beneath 35 u.s.a.C. 119(e) or international priority claims below 35 united statesC. 119(a)-(d) or (f) will not trigger a non-provisional application to be ineligible for this pilot.

    a way to file
  • Fill out Pilot program form PTO/SB/450.
  • keep the kind and upload it via our patent electronic filing system, EFS-net.
  • For usual Utility (track One)—Prioritized Examination, select “New software/proceeding Utility > song I Prioritized Examination - Nonprovisional software beneath 35 USC 111(a)” because the EFS-net submission classification. don't select “Utility > Nonprovisional software beneath 35 USC 111(a)“ or “Utility > Accelerated exam.”
  • For Request for persevered Examination—Prioritized Examination, opt for “existing software/patent/proceeding” > “files/prices for an current utility/proceeding” because the EFS-net submission classification.
  • When uploading your PTO/SB/450 form, choose doc description “COVID-19 Prioritized Examination Request” (discovered under both the “song I - Prioritized Examination” and “Pilot courses” categories) on the EFS-net attach files monitor to make sure processing.
  • bulletins Public comments Questions and answers When does the pilot go into impact?

    The pilot is advantageous upon the booklet of the note within the Federal Register. note, the initial published notice erroneously mentioned that the effective date changed into July 13. The advantageous date is may 14.

    How lengthy will the pilot final?

    The USPTO will accept requests for the prioritized examination pilot application except such time because the USPTO has authorized 500 requests. The USPTO may additionally lengthen the pilot application (with or without modifications) or terminate it reckoning on the workload and supplies needed to manage the program, remarks from the general public, and the effectiveness of the program. If the pilot software is prolonged or terminated, the USPTO will notify the general public.

    What does “field to an relevant FDA popularity of COVID-19 use” mean? U.S. FDA approvals might also include, but don't seem to be constrained to, an Investigational New Drug (IND) application, an Investigational device Exemption (IDE), a brand new Drug utility (NDA), a Biologics License utility (BLA), a Premarket Approval (PMA), or an Emergency Use Authorization (EUA). assistance on these gadgets are available at www.fda.gov Is an invention this is an equipment or composition of remember it is related to COVID-19 and area to an relevant FDA approval eligible for the pilot application?

    yes. To qualify, the claim(s) of an application ought to cover a product or method concerning COVID-19, and such product or procedure must be field to an applicable FDA acclaim for COVID-19 use. The phrase “product or process” contains any procedure, desktop, manufacture, or composition of rely as set forth in 35 americaC. one hundred and one.

    Can a huge entity (i.e., an applicant that doesn't qualify for small or micro entity status) file a request for the pilot application?

    No. The pilot application is just for applicants that qualify for both small entity (37 CFR 1.27) or micro entity (37 CFR 1.29) reputation.  An applicant that does not qualify as both a small or a micro entity applicant may also request prioritized examination under 37 CFR 1.102(e). 

    Why does the pilot software consist of RCEs when COVID-19 is a brand new virus?

    Some innovations which are positive in treating COVID-19 sufferers were invented prior to the regularly occurring situations of COVID-19 in humans. An utility directed to such an invention may also currently be beneath closing rejection, and therefore, could improvement from the pilot software.

    Can a request for the pilot software be filed after receiving a first workplace action subsequent to the submitting of an RCE?

    No. The request ought to be filed before the mailing of the primary office action after the submitting of the RCE. See guide of Patent examining method (MPEP) § 708.02(b), subsection I.C.three.

    What necessities for prioritized examination below 37 CFR 1.102(e) are waived within the pilot program?

    The price of the prioritized examination price set forth in 37 CFR 1.17(c) and the processing price set forth in 37 CFR 1.17(i) is waived within the pilot application. All different requirements set forth in 37 CFR 1.102(e) are relevant to functions within the pilot application. These requirements include: submitting the utility and request for prioritized examination under the pilot program by way of the USPTO’s patent digital filing techniques (EFS-net or Patent core) if the utility is a utility software; offering no greater than 4 impartial claims and 30 total claims, and no distinctive elegant claims; and paying the different required costs (e.g., the simple submitting charge, search charge, and examination price).

    If an applicant has already provided a proper, achieved ads in an application, should a duplicate of the achieved ads be provided with a request to participate in the pilot?

    No. The request will be handled as even though it contains the necessary completed adverts if a proper, carried out advertisements became prior to now offered within the software.

    what's going to the time durations set for reply in workplace moves be for purposes in the pilot application?

    The time periods set for reply in office moves for applications undergoing prioritized examination under the pilot application are set forth in MPEP § 710.02(b), which are the identical time durations set for different functions undergoing prioritized examination. If an applicant data a petition for an extension of time to file a reply or a request for suspension of motion, the petition or request might be acted upon, however the prioritized examination of the application under the pilot software can be terminated, as is the case with different purposes present process prioritized examination.

    What does “ultimate disposition” imply?

    The intention of the workplace is to give a ultimate disposition within 365 days, on regular, of the date prioritized fame become granted. The remaining disposition for the 12-month goal potential that within twelve months from the date prioritized fame is granted, considered one of the following will ensue: (1) mailing of a be aware of allowance; (2) mailing of a ultimate office action; (three) filing of a note of enchantment; (4) completion of examination as defined in 37 CFR 41.102; (5) submitting of an RCE; or (6) abandonment of the application.

    Is it possible to achieve closing disposition in below three hundred and sixty five days?

    candidates may additionally shorten the average pendency of an application in the pilot application by means of replying to workplace moves and notices earlier than required by way of the USPTO. for example, the USPTO will exercise to reduce pendency—from approval of the request for prioritized examination to closing disposition—to 6 months if all replies occur inside 30 days of a notice by using the USPTO. This purpose depends upon additional components, including the calls for positioned on specific examiners by using dissimilar co-pending functions below the pilot program.

    Will the prioritized status follow when the software enters the post-allowance system or the appeal technique?

    No. The mailing of a notice of allowance or a remaining workplace action, or the submitting of a word of appeal, whichever is prior, ends the prioritized popularity granted beneath the pilot program. additionally, the filing of an RCE for an application within the pilot program is a ultimate disposition for applications of the 12-month purpose for the program. The utility will no longer preserve its particular status after the filing of a proper RCE.

    Can an applicant withdraw the software from the pilot software?

    No. There is not any provision for withdrawal from special repute below the pilot application. however, filing a petition for any extension of time beneath 37 CFR 1.136(a) or forsaking the software will effect within the termination of special popularity under the pilot application. providing more than one benefit claim to up to now filed nonprovisional U.S. purposes or overseas applications designating the USA beneath 35 united statesC. 120, 121, or 365(c) will additionally result in the termination of particular reputation below the pilot program. in addition, submitting an amendment to the software that results in more than four unbiased claims, more than 30 total claims, or a assorted dependent declare will terminate the prioritized examination popularity except the amendment is handled as no longer fully responsive via the examiner.

    What happens to the software if its prioritized examination status is terminated?

    Upon termination of prioritized examination fame, the application will be removed from the examiner’s special docket and placed on the examiner’s commonplace docket in accordance with its stage of prosecution, as is the case with different purposes undergoing prioritized examination.

      Contact us

    For questions about EFS-net or the PAIR equipment, please contact the Patent digital enterprise middle at 866-217-9197.

    For questions involving the COVID-19 Prioritized Examination Pilot application Federal Register notice, please contact Robert Clarke at 571-272-7735 or by way of e mail at covid19PrioritizedExamPilot@uspto.gov. 


    References


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