Bloomberg BNA’s Patent Trademark & Copyright Law Daily™is the IP industry’s premier news service, offering objective, timely,and reliable daily news coverage and commentary from leading IP law...
By Tony Dutra
June 28 — The Patent and Trademark Office announced June 28 a pilot program to move applications for cancer immunotherapy treatment patents up in the examination queue.
The program supports the Obama administration's “National Cancer Moonshot” initiative designed to accelerate cancer research.
Patent applications featuring any method of treating or preventing a malignancy by boosting the immune system are eligible. An applicant will get an answer on patentability within 12 months of its petition for accelerated processing being accepted. No additional fee is required.
The program is described in a notice to be published the following day in the Federal Register. The procedure generally follows a current mechanism at the PTO known as a “petition to make special.” Patent applications are normally taken up for examination in the order they are filed, but applications accorded special status are placed in a separate docket and taken up out of turn.
Because the pilot program runs for one year, petitions to make special must be filed before June 29, 2017.
An application must contain no more than 20 claims in total, with no more than three independent claims and no multiple dependent claims. It can be a new or pending application, so long as no office actions are outstanding. The petition to make special must be filed electronically.
The claimed immunotherapy invention must be the subject of an active Investigational New Drug (IND) application currently on record with the Food and Drug Administration that has entered a phase II or III clinical trial.
Examples listed in the notice include patent claims drawn to:
One potential drawback is that applicants must also agree to have a patent application published earlier than the normal 18 months after an initial filing. Applicants can expect publication 14 weeks after a petition to make special.
To contact the reporter on this story: Tony Dutra in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Mike Wilczek in Washington at email@example.com
Text available at http://src.bna.com/gj8
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)