This alert is part of Wolf Greenfield's COVID-19 Resource Center. To access the full resource center, click here.
The USPTO has extended the time to file certain patent-related documents and to pay certain required fees, which otherwise would have been due on or after March 27th to July 1, 2020. With regard to trademark-related documents, the USPTO will provide relief to those who need it on a case-by-case basis.
This further modifies the extension relief provided by the USPTO. To view our alerts about the previous extension provisions, click here for our May alert and click here for our April alert. The USPTO was authorized to take this action under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
HERE IS WHAT YOU NEED TO KNOW:
The extensions are not automatically applied or issued by the USPTO. As the USPTO remains open for the filing of documents and fees, these extensions of time are available only if the delay was due to the COVID-19 outbreak. A delay is due to the COVID-19 outbreak if someone associated with the filing or payment was personally affected by the outbreak through reasons such as office closure, cash flow interruption, inaccessibility of files, travel delay, personal or family illness, or similar circumstances that materially interfered with timely filing or payment. A statement that the delay in the filing or payment was due to the COVID-19 outbreak must be submitted with the filing or payment in order to qualify for the extension of time.
As to patent-related documents, the available relief applies only to certain filings or fees and differs depending on entity size. Small and micro entities only may continue to follow the previously announced procedure to extend certain deadlines to July 1, 2020. After May 31, 2020, large entities should seek relief on a case-by-case basis. For all entities, the fee for a petition to revive will continue to be waived if accompanied by a statement that the delay was due to COVID-19 as set forth previously.
As to trademark-related documents, an applicant or registrant may seek appropriate relief by filing a Petition to the Director. The availability of extension relief will be determined on a case-by-case basis. The USPTO will continue to waive the petition fee for petitions to revive applications or reinstate registrations that became abandoned or expired/cancelled as a result of the COVID-19 outbreak, with a statement that the delay in filing or payment was due to the COVID-19 outbreak.
Wolf Greenfield is fully operational, and we are here to help you continue to meet original deadlines. However, please contact us should you believe you need the accommodations available through the USPTO due to the COVID-19 outbreak so we can assess whether or not you qualify and help you take the appropriate actions.
To view the full patent announcement from the USPTO, click here. To view the full trademark announcement from the USPTO, click here.
Wolf Greenfield will keep you apprised of any additional changes that may impact you.