USPTO launches a program for applicants to postpone payment of temporary patent application fees

On September 16, 2020, the United States Patent and Trademark Office (USPTO) announced the launch of a pilot project for deferring the payment of provisional patent application fees for inventions related to the novel coronavirus pneumonia ("COVID-19").

　　 USPTO recognizes that it needs to issue high-quality patents to inventors, and it also needs to disseminate important scientific information to the public to further promote innovation and development. In view of the huge challenges posed by the new crown pneumonia epidemic, the dissemination of this information is more important than ever. According to the aforementioned pilot projects, patent applicants can postpone the payment of provisional patent application fees until the corresponding non-provisional patent application is submitted. In order to promote dissemination and cooperation, patent applicants must agree that the technical subject matter disclosed in their provisional patent application can be disclosed to the public on the USPTO website. By publicly disclosing information, patent applicants can not only assist the public in fighting the new crown pneumonia virus, but also protect their patent rights.

The requirements of the above-mentioned pilot project include that the object disclosed in the provisional patent application must involve a product or method related to COVID-19, and the product or method must be approved by the U.S. Food and Drug Administration, regardless of whether such object is on the market to fight COVID-19. Has the pneumonia virus been approved before, is it awaiting approval or will it be sought?

　　 From September 17, 2020, the pilot project is expected to accept applications for a period of 12 months.