Thursday, April 15, 2021 As a companion to the COVID-19 Prioritized Examination Pilot Program and patent-related relief provided by the 2020 CARES Act, the United States Patent and Trademark Office (“USPTO”) recently announced a similar Fast-Track Appeals Pilot Program for patent applications claiming a process or product requiring FDA approval for COVID–19 use. In general, under 35 U.S.C. § 134, once an Applicant’s claims have been twice rejected, the Applicant has a right to appeal the Examiner’s decision to a panel of administrative patent judges on the Patent Trial and Appeal Board (“PTAB”). However, one drawback to the appeals process can be the average appeal pendency of 13 months to receive a decision.