USPTO extends filing deadlines

blackboard with idea bubbleNew Deadlines are 30 Days From the Initial Due Date for Responses Due March 27 – April 30, 2020

Temporary authority to extend deadlines for filings was provided to the Director of the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27. See section 12004 (a) below:

(a) IN GENERAL.—During the emergency period described in subsection (e), the Director may toll, waive, adjust, or modify, any timing deadline established by title 35, United States Code, the Trademark Act, 19 section 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note), or regulations promulgated thereunder, in effect during such period, if the Director determines that the emergency related to such period—

(1) materially affects the functioning of the Patent and Trademark Office;

(2) prejudices the rights of applicants, registrants, patent owners, or others appearing before the Office; or

(3) prevents applicants, registrants, patent owners, or others appearing before the Office from filing a document or fee with the Office.

For patent applicants or owners, essentially any filing, such as a response to an office action or the payment an issue fee that is due between and inclusive March 27 and April 30, 2020, is extended 30 days from the initial date, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. To see complete list of filings that can be delayed and the definition of a delay in filing or payment due to the COVID-19 outbreak is, click on the link below.

https://www.uspto.gov/sites/default/files/documents/Patents%20CARES%20Act.pdf

For, trademark applicants or owners, essentially any filing such as a response to an office action, the filing of a statement of use, or the filing of a declaration of use that is due between March 27 and April 30, 2020, is extended 30 days from the initial date provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. To see complete list of filings that can be delayed and what the definition of a delay in filing or payment due to the COVID-19 outbreak is, click on the link below.

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

Remember the USPTO remains open for filing documents and fees, whether you already have something pending or wish to file for protection of new intellectual property that can be protected by patent (inventions) or trademark registration (branding).

Author:
Kathleen Kuznick assists business owners, entrepreneurs and inventors with all things related to intellectual property and brand protection, including patents, trademarks, copyrights and licensing. She can be reached via email at Kathleen Kuznicki or (724) 776-8000.
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