On May 27, 2020, for the third time, the United States Patent and Trademark Office (PTO) extended the time to file certain patent-related documents and to pay certain required fees to July 1, 2020. With the second extension expiring at the end of May, and recognizing that the COVID-19 pandemic continues to impose hardship, especially on small businesses and individual inventors, the PTO announced further relief in accordance with the temporary authority provided to it by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Pursuant to the PTO’s most recent Notice of May 27, 2020, filings that would have been deemed timely if filed by June 1, 2020, will now be deemed timely if filed by July 1, 2020. This relief applies to small and micro entities only. Large entities, after May 31, 2020, are instructed to seek relief on a case-by-case basis, through the filing of a petition for extension of time or a petition to revive, and accompanied by the required fee.
In addition to extending certain deadlines, the May 27, 2020 Notice also extends its waiver of the petition fee for filing a petition for the revival of applications that became abandoned on or before June 30, 2020, if accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. The PTO will continue to evaluate the evolving situation around the COVID-19 outbreak and the impact on the PTO’s operations and stakeholders.
The PTO’s initial extension was announced on March 31, 2020, extending the time to file certain documents and fees which would have been due on or after March 27, 2020. Please see our April 21, 2020 blog, “Director Of Patent And Trademark Office Extends Certain Filing And Payment Deadlines Pursuant To CARES Act,” which provides a listing of filings and fees initially impacted by the PTO’s extension. A second extension was announced by the PTO a month later, pushing deadlines and fees to June 1, 2020. Please see our May 5, 2020 blog, “Update: USPTO Further Extends Certain Patent and Trademark-Related Document and Fee Deadlines to June 1, 2020,” identifying a few additional patent filings for which due dates may be extended.
If you have any questions regarding these provisions of the CARES Act and whether you may be eligible for relief, please contact Dan Holmander at dholmander@apslaw.com or Cheryl Clarkin at cclarkin@apslaw.com.
