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

Twice the Trouble: Unraveling a Single Case of Dual Patent and Trademark Infringement

2024年1月9日
Can a rights holder sue the same infringer separately based on one single infringing act that infringes both trademark and patent rights? An interesting case this year from China’s Supreme People’s Court that addresses this specific issue ((2023)最高法知民终235号). Beijing Run De Hong Tu Technology Development Co., Ltd. (“Run De Hong Tu”) sued an individual named […]

FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement

2023年1月4日
Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until […]
CN1982128B Figure

2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN

2020年6月8日
Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]

Breaking News: Newest Draft Amendment to the Chinese Patent Law Available for Public Comment

2020年7月10日
Finally, after more than a year since the last draft amendment came out in 2019, a new draft has been submitted to the National People’s Congress Standing Committee for deliberation on June 28, 2020. The newest version is now published for public comments until August 16, 2020. As a whole, these proposed changes address a […]

我們過去活動

Top crossarrow-right