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Prosecution First Blog

Prosecution Pointer 288

August 4, 2021

The USPTO implemented a Fast-Track Pilot Program for Appeals Related to COVID-19, under which an appellant may have certain COVID-19-related ex parte appeals before the Patent Trial and Appeal Board accorded fast-track status. Appellants file a petition to request fast-track review of their COVID-19-related ex parte appeal—i.e., an appeal of an application that claims a product or process that is subject to an applicable FDA approval for COVID–19 use. No petition fee is required. More information on the Fast-Track Pilot Program for Appeals Related to COVID-19 can be found here.

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Prosecution Pointer, United States Patent and Trademark Office (USPTO), patent application, Patent Trial and Appeal Board (PTAB), COVID-19, Food and Drug Administration (FDA)

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