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USPTO further extends deadlines in response to COVID-19

May 13, 2020

The United States Patent and Trademark Office (USPTO) issued a news brief in connection with a further extension of the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The USPTO has offered patent and trademark applicants and owners an additional thirty (30) days in which to file certain documents and pay certain fees, extending the deadline set by the original notices to June 1st.

Two USPTO Notices provide details of the specific deadlines subject to this additional extension: one for patents and one for trademarks, both of which incorporate and supersede the original notices issued on March 16, 2020. Under the new notices, the USPTO will consider an applicable filing and/or fee to be timely if it is made by June 1st. This applies to filings and fees that were due between, and inclusive of, March 27, 2020 to May 31, 2020. Please note, however, that the filing and/or fee must be accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. Be sure to speak with your patent or trademark attorney to determine whether your situation qualifies under this extension.  

Additionally, as with the original notice issued March 16th, the USPTO will continue to provide waivers of petition fees to revive cancelled or abandoned patent and trademark applications. The requirements for reviving cancelled or abandoned applications remain the same. Be sure to review the notices linked above and speak with your patent or trademark attorney to determine what is required if your application has been cancelled or abandoned for failure to file a document and/or pay a necessary fee due to the COVID-19 outbreak. 

As of the date of this publication, the USPTO is continuing to monitor the ongoing pandemic and its affects. If additional extensions of the relief provided by the CARES Act become necessary, the USPTO will issue additional extension notices. For more information, please see our post on the original notices here.

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