The details of financial relief provided to households and businesses in the recently passed Coronavirus Aid, Relief and Economic Security (CARES) Act may have received all the press, but other provisions of the CARES Act empower the Director of the United States Patent and Trademark Office (USPTO) to grant extensions to inventors and brand owners.
Relief for Applicants, Registrants, Patent Owners, and Parties to TTAB and PTAB Proceedings
Trademark and patent filers may now seek a 30-day extension of any of the filings mentioned in the paragraphs below, provided that they make a written statement to the USPTO that the delay in filing is due to the COVID-19 outbreak.
More specifically, delays in filing due to COVID-19 are defined as situations where an attorney, applicant, patent owner, petitioner, third party requester, registrant or other person associated with the filing or payment of a fee, was personally affected by the COVID-19 outbreak which materially interfered with timely filing or payment, including, without limitation, the following situations:
Any of the following trademark and patent deadlines that were to occur between March 27, 2020, and April 30, 2020, will be extended 30-days from the initial date it was due.
Trademark Deadlines that Can Be Extended
If accompanied by a written statement expressing material interference with a deadline or payment of a fee due to COVID-19, the 30-day extension will apply to the following trademark deadlines.
The order allows parties to Trademark Trial and Appeal Board proceedings, be they ex parte appeals or inter partes proceedings to request or move for extensions or reopening of time.
Should an application or registration go abandoned for failure to file a required document with the USPTO due to hardship caused by the coronavirus, the office has waived its fees related to petitions to revive.
Patent Deadlines that Can Be Extended
If accompanied by a written statement expressing material interference with a deadline or payment of a fee due to COVID-19, the 30-day extension will apply to the following patent deadlines.
The order allows parties to Patent Trial and Appeal Board proceedings to request an extension of time, as appropriate, but specifically in the following situations:
Sunstein remains available to serve your needs, as all of our attorneys and employees are working from home. We converted to paperless operations 12 years ago, which allows for virtually seamless remote working conditions.
Nevertheless, should COVID-19 cause you or your organization difficulty in meeting your filing deadlines or government fee payments due to one of the reasons above, or any other reason, please contact us to discuss whether a 30-day extension should be requested.
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