Modification of COVID-19 Prioritized Examination Pilot Program, 49522 [2021-19114]
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49522
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices
internet, please contact the USPTO
using the contact information below for
special instructions regarding how to
submit comments by other means.
FOR FURTHER INFORMATION CONTACT:
Courtney L. Stopp, Office of Policy and
International Affairs, USPTO, at
Courtney.Stopp@uspto.gov or 571–272–
9300. Please direct media inquiries to
the USPTO’s Office of the Chief
Communications Officer at 571–272–
8400.
At the
request of Senators Tillis, Hirono,
Cotton, and Coons, the USPTO is
conducting a study on the current state
of patent eligibility jurisprudence in the
United States and on how that
jurisprudence has impacted investment
and innovation. On July 9, 2021, the
USPTO published a request for
information, seeking public input to
assist in the preparation of that study.
See Patent Eligibility Jurisprudence
Study, 86 FR 36257 (Jul. 9, 2021). The
notice requested public comments by
September 7, 2021.
Through this notice, the USPTO is
extending the period for public
comment until October 15, 2021, to give
interested members of the public
additional time to submit comments. All
other information and instructions to
commenters provided in the July 9,
2021, notice remain unchanged.
Previously submitted comments do not
need to be resubmitted.
SUPPLEMENTARY INFORMATION:
Andrew Hirshfeld,
Commissioner for Patents, Performing the
Functions and Duties of the Under Secretary
of Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
[FR Doc. 2021–19112 Filed 9–2–21; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2021–0037]
Modification of COVID–19 Prioritized
Examination Pilot Program
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO or Office) is
modifying the COVID–19 Prioritized
Examination Pilot Program to accept
applications until December 31, 2021.
Requests that are compliant with the
pilot program’s requirements and are
filed on or before December 31, 2021,
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:55 Sep 02, 2021
Jkt 253001
will be accepted, even if more than 500
requests have already been approved.
The USPTO will evaluate whether to
terminate or further extend the program
during this extension.
DATES: The COVID–19 Prioritized
Examination Pilot Program is modified
as of September 3, 2021 and is extended
to run until December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert A. Clarke, Editor of the Manual
of Patent Examining Procedure (MPEP)
(telephone at 571–272–7735; email at
robert.clarke@uspto.gov).
SUPPLEMENTARY INFORMATION: On May
14, 2020, the USPTO published a notice
for the implementation of the COVID–19
Prioritized Examination Pilot Program.
See COVID–19 Prioritized Examination
Pilot Program, 85 FR 28932 (May 14,
2020) (COVID–19 Track One Notice).
The COVID–19 Track One Notice
indicated that an applicant may request
prioritized examination without
payment of the prioritized examination
fee and associated processing fee if: (1)
The application’s claim(s) covered a
product or process related to COVID–19,
(2) the product or process was subject to
an applicable Food and Drug
Administration (FDA) approval for
COVID–19 use, and (3) the applicant
met other requirements given in the
COVID–19 Track One Notice. As of
August 2, 2021, 120 patents have issued
from applications granted prioritized
status under the pilot program. The
average total pendency, including time
consumed by continued examination,
from filing to issue for those
applications was 249 days. The shortest
pendency from filing date to issue date
for those applications was 75 days.
The COVID–19 Track One Notice
indicated that the pilot program would
expire after the USPTO accepted 500
applications into the program. As of
August 16, 2021, the USPTO had
accepted 476 applications into the
program, and there were 52 requests to
participate that had not yet been acted
upon. To ensure that applicants are not
refused access to the pilot program due
to delays in the USPTO’s consideration
of the requests to participate, the
USPTO is modifying the program to
consider on the merits any request filed
on or before December 31, 2021, even if
an applicant’s request to participate is
not acted upon until after the USPTO
has accepted 500 requests. The USPTO
will evaluate whether to terminate or
further extend the program during this
extension. If the USPTO determines that
a further extension of the pilot program
is appropriate, the USPTO will publish
a subsequent notice further extending
the program.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Unless the pilot program is further
extended by a subsequent notice to the
public, following the expiration of this
extension, the pilot program will be
terminated, and applicants may instead
seek to use the Prioritized Examination
(Track One) Program. Applications
accorded prioritized examination under
the pilot program will not lose that
status merely because the application is
pending after the date the pilot program
is terminated. In other words,
applications accepted into the pilot
program will continue to be examined
under prioritized examination status
until that status is terminated for one or
more reasons, as described in the
COVID–19 Track One Notice.
The Prioritized Examination (Track
One) Program permits an applicant to
have an application advanced out of
turn (accorded special status) for
examination under 37 CFR 1.102(e) if
the applicant timely files a request for
prioritized (Track One) examination
accompanied by the appropriate fees
and meets the other conditions of 37
CFR 1.102(e). See MPEP 708.02(b)(2).
The current fee schedule is available at:
www.uspto.gov/learning-and-resources/
fees-and-payment/uspto-fee-schedule.
The Track One Program does not have
the restrictions of the COVID–19 Track
One Program on the types of inventions
for which special status may be sought,
as the Track One Program does not
require a connection to any particular
technology. Moreover, delays associated
with the determination of whether an
application presents a claim that covers
a product or process related to COVID–
19 and whether the product or process
was subject to an applicable FDA
approval for COVID–19 use will be
avoided under the Track One Program.
Andrew Hirshfeld,
Commissioner for Patents, Performing the
Functions and Duties of the Under Secretary
of Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
[FR Doc. 2021–19114 Filed 9–2–21; 8:45 am]
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Page 49522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19114]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2021-0037]
Modification of COVID-19 Prioritized Examination Pilot Program
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO or
Office) is modifying the COVID-19 Prioritized Examination Pilot Program
to accept applications until December 31, 2021. Requests that are
compliant with the pilot program's requirements and are filed on or
before December 31, 2021, will be accepted, even if more than 500
requests have already been approved. The USPTO will evaluate whether to
terminate or further extend the program during this extension.
DATES: The COVID-19 Prioritized Examination Pilot Program is modified
as of September 3, 2021 and is extended to run until December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Robert A. Clarke, Editor of the Manual
of Patent Examining Procedure (MPEP) (telephone at 571-272-7735; email
at [email protected]).
SUPPLEMENTARY INFORMATION: On May 14, 2020, the USPTO published a
notice for the implementation of the COVID-19 Prioritized Examination
Pilot Program. See COVID-19 Prioritized Examination Pilot Program, 85
FR 28932 (May 14, 2020) (COVID-19 Track One Notice). The COVID-19 Track
One Notice indicated that an applicant may request prioritized
examination without payment of the prioritized examination fee and
associated processing fee if: (1) The application's claim(s) covered a
product or process related to COVID-19, (2) the product or process was
subject to an applicable Food and Drug Administration (FDA) approval
for COVID-19 use, and (3) the applicant met other requirements given in
the COVID-19 Track One Notice. As of August 2, 2021, 120 patents have
issued from applications granted prioritized status under the pilot
program. The average total pendency, including time consumed by
continued examination, from filing to issue for those applications was
249 days. The shortest pendency from filing date to issue date for
those applications was 75 days.
The COVID-19 Track One Notice indicated that the pilot program
would expire after the USPTO accepted 500 applications into the
program. As of August 16, 2021, the USPTO had accepted 476 applications
into the program, and there were 52 requests to participate that had
not yet been acted upon. To ensure that applicants are not refused
access to the pilot program due to delays in the USPTO's consideration
of the requests to participate, the USPTO is modifying the program to
consider on the merits any request filed on or before December 31,
2021, even if an applicant's request to participate is not acted upon
until after the USPTO has accepted 500 requests. The USPTO will
evaluate whether to terminate or further extend the program during this
extension. If the USPTO determines that a further extension of the
pilot program is appropriate, the USPTO will publish a subsequent
notice further extending the program.
Unless the pilot program is further extended by a subsequent notice
to the public, following the expiration of this extension, the pilot
program will be terminated, and applicants may instead seek to use the
Prioritized Examination (Track One) Program. Applications accorded
prioritized examination under the pilot program will not lose that
status merely because the application is pending after the date the
pilot program is terminated. In other words, applications accepted into
the pilot program will continue to be examined under prioritized
examination status until that status is terminated for one or more
reasons, as described in the COVID-19 Track One Notice.
The Prioritized Examination (Track One) Program permits an
applicant to have an application advanced out of turn (accorded special
status) for examination under 37 CFR 1.102(e) if the applicant timely
files a request for prioritized (Track One) examination accompanied by
the appropriate fees and meets the other conditions of 37 CFR 1.102(e).
See MPEP 708.02(b)(2). The current fee schedule is available at:
www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.
The Track One Program does not have the restrictions of the COVID-
19 Track One Program on the types of inventions for which special
status may be sought, as the Track One Program does not require a
connection to any particular technology. Moreover, delays associated
with the determination of whether an application presents a claim that
covers a product or process related to COVID-19 and whether the product
or process was subject to an applicable FDA approval for COVID-19 use
will be avoided under the Track One Program.
Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2021-19114 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-16-P
