Accelerated Patent ExaminationCancer Moonshot Expedited ExaminationExpedited ExaminationPatent LawPharmaPilot ProgramUSUSPTO
2023年1月10日

Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program

Starting from February 1, 2023, the USPTO will begin the new Cancer Moonshot Expedited Examination Pilot Program that advances out-of-turn applications that are directed to oncology or smoking cessation. This new program will replace the Cancer Immunotherapy Pilot Program that has been in place since 2016, and covers more technologies than only cancer immunotherapies.

Applications accepted into the new program will be accorded special status in Examiner’s docket and enjoy expedited examination until the first Office action is issued (including restriction requirements). The new program is available for a non-reissue (original), nonprovisional utility application filed under 35 U.S.C. 111(a), or an international application that has entered the national stage under 35 U.S.C. 371.

How to Qualify

To qualify for the new program, an application must claim an invention pertaining to one or more of the below eligible technologies:

  1. Cancer immunotherapies;
  2. Personalized medicine to treat a cancer by targeting specific genetic markers or mutations using a specific pharmaceutical composition;
  3. Cancer treatments for rare cancers, including all childhood cancers, using a specific pharmaceutical composition;
  4. Detecting or treating a cancer using a medical device specifically adapted to detect or treat the cancer;
  5. Treating a cancer by administering a specific pharmaceutical composition after diagnosing the cancer; and
  6. Treating a nicotine dependency and promoting smoking cessation by administering a specific pharmaceutical composition.

Applicants wishing to participate in the Cancer Moonshot Expedited Examination Pilot Program should contact an agent to help them file a petition to make special with the USPTO. Compared to regular accelerated examination, the new program has less stringent submission requirements. For example, it is free (no fees!) and it waives the requirement of a preexamination search report. More detailed information about the program’s exact requirements can be found here.

The program is set to run until either January 31, 2025, or the date the USPTO accepts a total of 1,000 grantable petitions, whichever is earlier.

If you would like to know whether your invention may benefit from the new program, or if you have any inquiries, please feel free to reach out to us at [email protected].

This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.

About the Authors

Bonnie Lau is a US Patent Agent at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.

Jennifer Che, J.D. is Vice President, Principal, and a US Patent Attorney at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.

其他文章

Patent Eligibility for Software in China

2022年4月4日
Technology has progressed significantly since the early days of patent law, when US lawmakers in 1952 could only envision patentable subject matter into categories like “process, machine, manufacture, or composition of matter.” The recent explosion of new types of innovations that don’t fall neatly into these categories has resulted in a game of catch-up, where […]

Do Promotional Marketing Materials Constitute an “Offer for Sale” under Chinese Patent Law? Bayer IP GmbH v. Nanjing Hang Seng Pharmaceutical

2023年12月12日
Bayer's blockbuster drug Rivaroxaban has seen its share of patent litigations in China, several of which are big enough to be listed as Top 10 IP cases or 50 Representative IP cases. We summarized an invalidation case back in 2020 where all of Bayer’s claims directed towards the compound were upheld. Recently, another Rivaroxaban case […]

China’s Newest Examination Guidelines: Novelty and Inventive Step for Compounds (Part II)

2021年4月29日
This is Part II of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China "shall permit pharmaceutical patent applicants to rely on supplemental […]
china-joins-two-wipo-treaties

China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty

2022年2月11日
It has been two challenging years, yet there are many reasons to still have hope. We wish you a blessed Lunar New Year as we welcome the year of the Tiger. We wanted to highlight a few new developments in China. China has joined the Hague System for the International Registration of Industrial Designs, submitting […]

我们的过去活动

Top crossarrow-right