• Narendra Vaish

Update Regarding Certain Patent-Related Timing Deadlines under the CARES Act

Updated: Jul 15

The United States Patent and Trademark Office (USPTO) has issued a further notice under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on June 29, 2020, addressing the hardship imposed on patent applicants or owners by the coronavirus outbreak.

The United States Patent and Trademark Office (USPTO) has issued a further notice under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on June 29, 2020, addressing the hardship imposed on patent applicants or owners by the coronavirus outbreak.

For small and micro entities, any basic filing fee, search fee, examination fee, late filing surcharge due in reply to an Office notice issued during pre-examination processing, basic national fee, issue fee, or maintenance fee due between, and inclusive of, March 27, 2020, and September 29, 2020, will be timely if paid by September 29, 2020, and accompanied by a statement that the delay in payment was due to the COVID-19 outbreak. In addition, petitions for extensions of time, petitions to revive, and petitions to accept delayed maintenance fees remain available to those who need it on a case-by-case basis.

USPTO also clarified that the waiver of the petition to revive fee due to the COVID-19 outbreak, as discussed in the May 27, 2020 notice, applies to petitions to revive filed by July 31, 2020.

For proceedings before the PTAB, a request for an extension

of time because of the COVID-19 outbreak can be made by contacting the PTAB by phone or by email.

Detailed information about the new extensions of patent deadlines can be found at:

https://www.uspto.gov/sites/default/files/documents/Patents-Notice-CARES-Act-2020-06.pdf.

Please contact us if you are interested in more information.

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