USPTO Announces Expiration of Certain Extensions and Fee Waivers
Alt Legal Team | May 30, 2020
In March, the US Patent and Trademark Office (USPTO) announced that certain deadlines would be extended under the Coronavirus Aid, Relief and Economic Security Act (CARES Act). To qualify, the delay or failure to timely file had to be attributable to COVID-19 (e.g., office closures, cash flow interruptions, lack of access to files or other materials, travel delays, personal or family illnesses, or similar circumstances). Under the terms of the CARES Act, that relief will expire on May 31, 2020.
As states slowly begin to reopen and businesses resume some normal operations, the USPTO has announced that it will continue to provide relief as follows:
Applicants who were unable to submit a timely response or fee in response to an Office Action should file a petition to revive the application.
Applicants who missed the 36-month deadline in which to file a Statement of Use, resulting in an abandoned application, should file a Petition to the Director using TEAS.
Registrants who missed a statutory deadline, resulting in an expired/cancelled registration, or who were unable to submit a timely response or fee in response to a communication regarding a registration, should file a Petition to the Director using TEAS.
Through June 30, petition fees are waived for petitions to revive applications or reinstate registrations that were abandoned or expired/cancelled due to COVID-19.
If COVID-19 has interfered with any filings before the TTAB, parties can make a request or motion for an extension for reopening of time.
The USPTO will continue to evaluate the evolving circumstances around COVID-19 and the impact on the USPTO’s operations and stakeholders. We’ll keep you updated as we learn more about practice developments before the USPTO.