• Leber IP Team

Updated: Patent due dates extended

Updated: Jun 1

The United States Patent and Trademark Office (USPTO) has issued a further notice on May 27, 2020, addressing the coronavirus outbreak for patent applicants and owners affected by COVID-19.

The USPTO has announced extensions to the time allowed to file certain patent-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27, 2020.

For small and micro entities, filings that would have been deemed timely filed if filed by June 1, 2020, under the CARES Act Notice dated April 28, 2020, will be timely if filed by July 1, 2020. After May 31, 2020, the relief to large entities will be given on a case-by-case basis if a petition for an extension of time or a petition to revive is filed along with any required fee.

The USPTO continues to provide relief to all entities by waiving the petition fee for the revival of applications (and reexamination proceedings) that became abandoned on or before June 30, 2020, as announced on April 28, 2020, CARES Act Notice.

The full notices published by the USPTO on April 28, 2020, and May 27, 2020, can be found at:

https://www.uspto.gov/sites/default/files/documents/Patents-Notice-CARES-Act-2020-04.pdf.

https://www.uspto.gov/sites/default/files/documents/Patents-Notice-CARES-Act-2020-05.pdf?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=, respectively.

Please see our post regarding coronavirus relief for trademark applicants and registrants.

Feel free to reach out to Leber IP Law to discuss specific situations with regard to your patent or trademark application and any relief afforded by the USPTO notice for your situation.

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