• Leber IP Team

Relief regarding coronavirus outbreak

Updated: Apr 28

The United States Patent and Trademark Office (USPTO) considers the effects of coronavirus to be an "extraordinary situation" within the meaning of 37 CFR 1.183 and 37 CFR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners. The USPTO is waiving petition fees in certain situations for customers affected by the coronavirus.


In summary, a patent applicant can allow an application to go abandoned by not responding to an Office Communication and revive the application by responding to the Office Communication without paying the revival fee, if the delay was caused by the COVID-19 outbreak. This option appears to delay prosecution by a couple of months.


The offiical notice published by the USPTO on March 16, 2020 can be found at:

https://www.uspto.gov/sites/default/files/documents/coronavirus_relief_ognotice_03162020.pdf


Please note that this notice does not grant waivers or extensions of dates or requirements set by statute.


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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