Brinckerhoff Quoted on Plan to Speed COVID-19 Patent Apps

Partner Courtenay Brinckerhoff was quoted in a Law360 article, “4 Things To Know About Plan To Speed COVID-19 Patent Apps,” about a new U.S. Patent and Trademark Office program prioritizing the examination of COVID-19-related patent applications from small businesses.

Brinckerhoff said the program, which will fast-track certain patent applications related to the pandemic without requiring payment of the additional fees an accelerated examination usually requires, appears to be an attempt by the USPTO to provide help to companies that need it most.

“I think they’re balancing interests, so on the one hand, they want to help promote innovation in this area,” she said. “But on the other hand, they are a user-fee-funded agency, so they probably made the calculation that if big companies have promising coronavirus inventions that they want granted quickly, they can pay the fee” for an expedited review.