June 15, 2020

COVID-19 IP Update — June 15, 2020

The USPTO has established a prioritized examination program for trademark applications that cover products subject to U.S. Food and Drug Administration (FDA) approval for use in the treatment and/or prevention of COVID-19. The program also includes service mark applications covering medical services or medical research services related to the treatment and/or prevention of COVID-19.

Applicants who believe they are entitled to accelerated examination can file a petition for the special treatment. The USPTO is currently waiving the fee to file these petitions. 

While the Director suggests that the program will somehow “help to bring important and possibly life-saving treatments to market more quickly,” the reality is that even routine trademark examination takes place much more quickly than FDA review. 

For more information, view the USPTO’s statement on the relief available to trademark applicants in view of the COVID-19 outbreak.