Patenting Innovations Through Crisis

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USPTO PROVIDES PATENT HELP FOR COVID-19 INNOVATIONS. HERE’S WHAT... FOUNDER'S FOLLIES/PRECIPICE SPECIAL EDITION

USPTO PROVIDES PATENT HELP FOR COVID-19 INNOVATIONS. HERE’S WHAT... WRITTEN BY ANGELA GRAYSON, CIPP/ US CLP AND MARY KATHRYN WHITAKER COVID-19 descended into our lives and onto our economy with alarming speed. Many of us have been irrevocably affected by this disease. Personally, my dad lost his eldest brother. My friends and clients had to shutter their establishments and furlough long-time and valued employees. The one bright spot in this pandemic, is Congress and our federal agencies have responded with near equal speed in providing a stimulus package designed to help ease burdens caused by this plague.

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To that end, this past Spring, the USPTO

Innovators can list their inventions through the

launched the COVID-19 Response Resource

IP Marketplace Platform, “Patents 4

Center. The Center is designed to help ease

Partnerships.” These inventions may include

burdens put upon innovators caused by the

personal protective equipment, disinfectants,

COVID-19 pandemic. Below are a few

ventilators, testing equipment, etc. The

highlights.

Platform’s FAQs can be found here. Innovators

Pro Bono Legal Assistance. Inventors and small businesses may be eligible for free legal assistance in preparing and filing

are invited to submit their applications or patents on the submission form.

Prioritized Examination.

patent applications based on their income level

We all know the patent process is not a quick

through the Patent Pro Bono Program. While

process. It can take weeks

this program is not exclusive to COVID-19, it is

for an application to be drafted, years for an

important and worth noting that there is a

application to be

network of attorneys who have committed to

reviewed, and an Examiner could take many

volunteer their time and talent to drafting

years on top of that to issue

patent applications and other IP related legal

the patent. As to COVID-19 innovations, the

documents on behalf of innovators and

USPTO is hoping to fix this.

innovators that qualify. These programs are

The Office is waiving prioritized examination

generally administered by USPTO-partner non-

fees for product or process inventions related

profits in nearly every state. For a complete list

to COVID-19, provided the product or process

visit "Patent Pro Bono Program for Independent

is subject to FDA approval for COVID-19 use.

Inventors and Small Businesses."

This is big. This means the USPTO will allow COVID-19 related innovation the benefit of

Commercialization Assistance.

prioritized examination, potentially resulting in

Since patents are commercial tools, finding

months of the filing date. More information can

buyers, sellers, licensors,

be found at the "COVID-19 Prioritized

and licensees to transfer the IP makes sense.

Examination Pilot Program."

a patent within 12

So, with that in mind, the USPTO has created the “IP Marketplace Platform”. The Platform is designed for individuals looking to license technologies relating to the prevention, diagnosis, and treatment of COVID-19.

“The one bright side to this pandemic, is Congress and our federal agencies have responded with near equal speed to provide a stimulus package and agency regulations designed to help ease burdens caused by this plague.” Page 2

Last word. The above resources are just a few of the resources the USPTO has provided to help innovators through the COVID-19 pandemic. These rule changes are not trivial, and can really boost businesses innovating to solve COVID-19 problems.

About The Authors. Mary Kathryn Whitaker is a third-year law student at the University of Arkansas School of Law. Mary

Kathryn interns at Precipice IP, PLLC, where she researches and drafts materials relating to intellectual law. Angela Grayson, CIPP/US, CLP is an author, speaker, and lawyer. She is the Principal and Founder of

Precipice IP, PLLC. Angela is a patent, trademark, copyright, and technology law attorney with almost 20 years of experience helping science and technology companies protect products, brands, designs, and data from idea to launch.

PRECIPICE IP | TECHNOLOGY LAW. WWW.PRECIPICEIP.COM/PURCHASE Protecting products, brands, designs, & data from idea to launch.

The information in this article is informational only and does not constitute attorney advice, nor establishes an attorney-client relationship.

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The information in this article is informational only and does not constitute attorney advice, nor establishes an attorney-client relationship. (s) @precipip (w) www.PrecipiceIP.com

PRECIPICE IP | TECHNOLOGY LAW. WWW.PRECIPICEIP.COM/PURCHASE Protecting products, brands, designs, & data from idea to launch. To learn more about the value of legal opinions in new product planning, visit www.precipiceip.com/puchase

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