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

IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 2: Grace Period without Loss of Novelty

2024年2月7日
Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released […]

Please “Mind the Traps”: Four Common Misconceptions About Hong Kong Patents

2026年4月13日
For many foreign companies interested in the broader Asian market, Hong Kong is a strategically important jurisdiction. However, because of its unique legal framework, domestic and foreign companies alike are confused by how IP protection works in Hong Kong. Missteps in such understanding can lead to critical, costly "gaps" in IP protection. To safeguard innovations […]

IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 3: The 15-Day Mailing Period is Mostly Going Away

2024年2月28日
A Closer Look at the New Presumed Receipt Date Calculation Background China has finally released the long-awaited Patent Law Implementation Regulations (“Regulations”) and associated "Patent Examination Guidelines" (“Guidelines”, similar to the United States' MPEP) which provide further clarity and details of the new Chinese patent law. Today’s article will focus on changes that impact how […]

China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines

2021年10月19日
The new 4th Amendment of the Chinese Patent Law came into effect on June 1, 2021. Right before that date, the Chinese Patent Office (“CNIPA”) released some “Interim Measures” to give us a taste of what was to come, though they have yet to released the actual Implementation Rules. Two months later, CNIPA finally released […]

我们的过去活动

Top crossarrow-right