Products and services to fight COVID-19: Petitions to prioritize initial examination of trademark applications

As of June 15, 2020 you can file petitions to advance initial examination for qualifying medical goods and services related to COVID-19.

We will monitor the workload and resources needed to administer the procedure, feedback from the public, and the effectiveness of the procedure. You can submit comments or questions regarding the procedure to TMPolicy@uspto.gov. If we determine that modifications to the procedure are necessary or that we will no longer grant petitions to prioritize the examination of applications for qualifying medical products and services related to COVID-19, we will notify the public before modifying or ending this program.

To be eligible for prioritized examination under this procedure, an applicant must seek registration for one or more of the qualifying medical goods or services related to COVID-19 described below. The application can also include additional goods or services related thereto. 

• Pharmaceutical products or medical devices such as diagnostic tests, ventilators, and personal protective equipment, including surgical masks, face shields, gowns, and gloves, that prevent, diagnose, treat, or cure COVID-19 and are subject to approval by the United States Food and Drug Administration
• Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19 

The U.S. Food and Drug Administration approvals may include, but are not limited to, an Investigational New Drug (IND) application, an Investigational Device Exemption (IDE), a New Drug Application (NDA), a Biologics License Application (BLA), a Premarket Approval (PMA), or an Emergency Use Authorization (EUA). Information on INDs, IDEs, NDAs, BLAs, PMAs, and EUAs is available at www.fda.gov.

The goal of prioritized examination is to expedite the initial examination process for qualifying applications. If a petition is granted, the application will immediately be assigned to an examining attorney for review, which will expedite examination by approximately two months. 

You can further expedite the process by responding promptly to any office action, phone call, or email from the examining attorney. Following examination, all approved trademark applications are published for opposition in the Trademark Official Gazette. Then there is a 30-day period during which the public can file oppositions or extensions of time to oppose. 37 CFR §§ 2.101(c), 2.102(a)(1).

You should submit a TEAS Petition to Director form requesting that the Director exercise supervisory authority to advance the initial examination of the application out of its regular order. Do not use the Petition to Make Special form, which is reserved for other situations. File your trademark application first, then submit the petition using the newly assigned serial number. 

In step 3 on the form, select the reason “Request prioritized examination for COVID-19 medical-related goods/services” for your petition. Selecting this radio button will allow you to submit your petition without paying a fee.

In the “explanation of filing” section, include a statement of facts setting forth your medical goods or services related to COVID-19 and an explanation of why the goods or services are of a type that qualify for prioritized examination. Your petition must also include the section of the Code of Federal Regulations (CFR) under which the goods are regulated. The form requires both a text entry in the “explanation of filing” box and a separate PDF attachment. 

The petition statements must be supported by a declaration under trademark rule 2.20, 37 C.F.R. §2.20. The TEAS Petition to Director form includes the necessary declaration language under rule 2.20, which will prepopulate on the last page.

Be sure to select the reason “Request prioritized examination for COVID-19 medical-related goods/services” on the first page of the petition form. This will prevent you from having to pay a fee. If you selected a different reason for your petition and paid the petition fee, email TMPolicy@uspto.gov to request a refund.