On April 28, the United States Patent and Trademark Office (USPTO) announced further extensions of certain patent and trademark filing and fee payment deadlines, lengthening the extension announced on March 31, pursuant to authority granted under the Coronavirus Act, Relief, and Economic Security (CARES) Act.
Specifically, the USPTO allowed certain deadlines, which would have been due between, and inclusive of both, March 27 and May 31, will be considered timely if filed on or before June 1 as long as such filings or payments include a statement that the delay in filings or payments were due to the COVID-19 outbreak as defined by the USPTO.
Additionally, the USPTO announced additional requirements for filings before the Patent Trial and Appeal Board (PTAB). Specifically, while deadlines for certain PTAB filings due between, and inclusive of, March 27 and April 30 may be extended for 30 days upon a request to the USPTO, parties must request an extension of time from the board for any filings due after April 30.
The USPTO also clarified the previous USPTO notice waiving the fee for certain Petitions to Revive dated March 16. Specifically, the USPTO continues to provide the waiver of the fee, but limits the eligible abandoned applications and reexamination proceedings as well as canceled or expired registrations to those that became abandoned/canceled/expired/terminated/limited on or before May 31, as a result of the COVID-19 outbreak.
Other USPTO operations are expected to continue without interruption, especially with respect to applications and other filings typically filed electronically.
Additional details can be found in the patent notice and the trademark notice on the USPTO’s website.
If you have questions or would like to discuss further, please contact Danica Mathes or Jennice Lee.To view our COVID-19 Legal Services Resource Directory, please click here.
Danica L. Mathes