Certification and Petition to Make Special under the Cancer Moonshot Expedited Examination Pilot Program

CourtUnited States Patent and Trademark Office, Patent Trial and Appeal Board
SectionUnited States Patent and Trademark Office
PTO/SB/465 (02-23)
CERTIFICATION AND PETITION TO MAKE SPECIAL UNDER THE
CANCER MOONSHOT EXPEDITED EXAMINATION PILOT PROGRAM
First Name d
Inventor:
Nonprovisional Application
Number (if known):
Title of
Invention:
APPLICANT HEREBY CERTIFIES THE FOLLOWING AND PETITIONS TO PARTIC IPATE IN THE CANCER
MOONSHOT EXPEDITED EX AMINATION PILOT PROGR AM (“PROGRAM”) FOR THE ABOVE-
IDENTIFIED APPLICATION.
(The fee for a petition to make special under 37 CFR 1.102(d) has been waived for this program. For information regarding
the requirements, conditions, and guidelines of the program, see the 2022 Federal Register notice titled “Cancer Moonshot
Expedited Examination Pilot Program” available on the United States Patent and Trademark Office (USPTO) website at
https://www.uspto.gov/patents/laws/patent-related-notices/patent-related-notices-2022).
1. The above-identified application (the ap plication) is a non-reissue (origina l), nonprovisional utility applicati on
filed under 35 U.S.C. 111(a), or an inter national application that has entered the national stage under 35
U.S.C. 371.
2. Special status under this program is being sought because the applicat ion is limited to the field of oncol ogy
or smoking cessation and contains at least one of the following method c laims that meet the eligibilit y
requirements of the program (“eligibl e method claims”):
a. A method of treating or reducing the incidenc e of a cancer using an immunother apeutic
compound or composition (cancer imm unotherapy method).
Note: If this box is checked, please complete the following statement:
The applicant has a good faith belief th at the following page(s) of the spec ification contain(s)
evidence that the compound or compos ition used in the method claim to tre at or reduce the
incidence of a cancer is immunotherapeutic:________ _____________________________ ____.
b. A method of treating a cancer by tar geting specific genetic markers or mutations using a
specific pharmaceutical com position.
Note: If this box is checked, please complete the following statement:
The applicant has a good faith belief th at the following page(s) of the spec ification contain(s)
evidence that the pharmaceutical co mposition used in the method claim tar gets the specific
genetic markers or mutations to trea t the cancer:_________________________________ ____.
c. A method of treating a rare or childh ood cancer using a specific pharmaceutical composition.
d. A method of detecting or treating a canc er using a medical device specif ically adapted to detect or
treat the cancer.
The only use disclosed in the specification for the medical device is to treat or detect the cancer.
e. A method of treating a cancer by adm inistering a specific pharmaceutical composition where in the
method comprises a step to diagnose the cancer.
f. A method of treating a nicotine dependenc y and promoting smoking cessation by administering a
specific pharmaceutical composition.
3. If the application contains eligib le product or apparatus claims ( that is, claims to the immunotherapeut ic
compound or composition, the pharm aceutical composition, or the medica l device used in eligible m ethod
claims), the eligible method claims depen d from or are commensurate in scope with the eligible product or
apparatus claims (that is, the eligib le method claims contain all of the limitations of the eligible product or
apparatus claims).
4. The application is being or was filed elec tronically using Patent Center (at https://patentcenter.uspto.gov).
[Page 1 of 2]
Doc Code: PET.CANCER
Document Description: Petition for Cancer Moonshot Pilot

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