United States Patent and Trademark Office Extends Patent and Trademark Deadlines If Delay Is Due to COVID-19

Last updated April 29, 2020

In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the deadline for certain patent and trademark filings and payments for filers and their attorneys who are impacted by COVID-19.

The due date for certain filings and payments that were due between, and inclusive of, March 27, 2020 and May 31, 2020 will be considered timely if filed on or before June 1, 2020, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.

For patent filings, the extension applies to reply to an Office action during examination, payment of issue fee, filing a notice of appeal as well as appeal and reply briefs. Additional categories of relief are provided for small and micro entities, including replies to pre-examination notices and maintenance fee payments.

For trademark filings, the extension applies to a response to an Office action, notice of appeal, statement of use (SOU), SOU extension request, notice of opposition, request for extension of time to oppose and maintenance filing. The extension also applies to a priority or transformation filing based on an international application. For situations where COVID-19 has prevented or interfered with a filing before the Trademark Trial & Appeal Board, affected parties can submit a request or motion for extension or reopening of time.

For purposes of this relief, a delay in filing or payment will be considered due to the COVID-19 outbreak if a person associated with the filing or fee was personally affected by the outbreak. This may be through office closures, cash flow interruptions, inaccessibility of files, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered with timely filing or payment. Please note that because the USPTO remains open for the filing of documents and payment of fees, the limited waiver described in this alert is only available if the delay is a result of COVID-19.

If you believe that you may be entitled to relief under this USPTO relief program, please contact one of the authors.

For additional information pertaining to the coronavirus outbreak, please visit CSG’s COVID-19 Resource Center.

This publication contains general information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.