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Focus Area: Coronavirus/COVID-19

Extension of Certain Patent, Trademark, and Copyright Deadlines Due to COVID-19

Today, March 31, 2020, pursuant to the temporary authority provided  by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees.

PATENT:  The Notice of Waiver of Patent Related Timing Deadlines extends the time to file certain patent-related documents or fees which otherwise would have been due on or between March 27, 2020 and April 30, 2020 by thirty (30) days from the initial date it was due, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak as defined in the Notice.  This waiver applies to, among other things, replies to Office Actions, Issue Fees, Appeal deadlines, and maintenance fees.  This is not an exhaustive list.  Please consult the Notice for a specific listing.  We would also encourage you to consult your patent attorney before missing any patent deadline.

TRADEMARK:  The Notice of Waiver of Trademark-Related Timing Deadlines extends the time to file certain trademark-related documents or fees which otherwise would have been due on or between March 27, 2020 and April 30, 2020 by thirty (30) days from the initial date it was due, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak as defined in the Notice.  This waiver applies to, among other things, replies to Office Actions, Statements of Use and Requests for Extensions of Time to file Statements of Use, Notices of Opposition and Extensions of Time to file Notice of Opposition, and Renewal Applications.  This is not an exhaustive list.  Please consult the Notice for a specific listing.  We would also encourage you to consult your trademark attorney before missing any trademark deadline.

The USPTO will continue to honor requests to revive or reinstate an application or grant without fees abandoned as a result of COVID-19 as set forth the Office’s March 16, 2020 Notice.

The U.S. Copyright Office issued similar deadline relief today, March 31, 2020, although the relief was more limited.  Generally, the Copyright Office indicates that deadlines shall continue to apply for application filings (e.g., applications for works which have published must be filed within three (3) months of the date of publication under Section 412), but if an applicant is unable to submit the application due to COVID-19, the applicant may submit a declaration or affidavit certifying that the failure to meet the deadline was due to the national emergency and providing satisfactory evidence in support. Termination timing provisions under Section 203 are also modified.  

DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.

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