Accelerated Cancer Related Patent Applications in the United States
The United States Patent and Trademark Office has started to implement a pilot program for an early review of patent applications relating to cancer immunotherapy (“Cancer Immunotherapy Pilot Program” or “Pilot Program”). The program is in support of the US President’s national $1 billion initiative to achieve ten years’ worth of cancer research in the next five years (“National Cancer Moonshot”). The USPTO will accelerate patent applications which have at least one claim to a method of treating a cancer using immunotherapy if the applicant files a petition to “make special” under the current Pilot Program.
The objective of the Pilot Program will be to complete the examination of the application within twelve months of special status being granted. Under the Cancer Immunotherapy Pilot Program, an application will be accelerated for examination without meeting all of the current requirements of the accelerated examination program (e.g., the requirement for an examination support document) or the Prioritized Examination (Track I) program.
Further details can be found here.