Impact of COVID-19 Pandemic on Patent Offices and Federal Courts
In a notice posted on its website earlier today, the U.S. Patent and Trademark Office announced that it was further extending the time to file certain patent-related documents and to pay certain required fees, but only for certain types of entities. As with the initial extensions announced by the Office on March 31, 2020 (see "USPTO Announces Extension of Certain Patent Deadlines") and the extension of those deadlines announced by the Office on April 28, 2020 (see "USPTO Announces Further Extension of Certain Patent Deadlines"), the additional extensions are the result of the temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was signed by President Trump on March 27, 2020.
According to the Office's latest notice, the additional extensions apply to deadlines for the filing of certain patent-related documents or payment of certain required fees -- as described in the Office's April 28, 2020 notice -- that would have been otherwise due between March 27 and June 1, 2020, which "will now be deemed timely filed if filed by July 1, 2020." However, the Office's latest notice makes it clear that the additional extensions are "[f]or small and micro entities only" (emphasis added). For large entities, the Office's notice states that after May 31, 2020 (the ending date of the Office's April 28, 2020 extension), large entities "should seek relief on a case-by-case basis, through the filing of a petition for an extension of time or a petition to revive, accompanied by any required fee." In announcing the additional extensions for small and micro entities, the Office stated that it "recognizes that the COVID-19 pandemic continues to impose various hardships, especially on small businesses and individual inventors, and will continue to evaluate the evolving situation around the COVID-19 outbreak and the impact on the USPTO's operations and stakeholders."
The Office's most recent notice also states that for all entities, the Office will continue to provide relief in the form of a waiver of the petition fee for the revival of applications (and reexamination proceedings). This relief has now been extended to applications and reexamination proceedings that became, or will become, abandoned (or terminated or limited) on or before June 30, 2020, as a result of the COVID-19 outbreak. Applicants will still have to file a statement with their petition to revive indicating that the delay in filing or payment was due to the COVID-19 outbreak as defined in the April 28 Notice.
The Office's latest notice also reminds applicants and patentees that "extensions of time under 37 CFR § 1.136 are available for filing replies to Office actions and notices issued during patent processing or examination . . . and petitions under 37 CFR § 1.378 to accept a delayed maintenance payment are available if a maintenance fee has not been paid by its due date."
Patent-related inquiries regarding the Office's latest notice can be directed by e-mail to Covid19PatentsRelief@uspto.gov or by telephone to the Office of Patent Legal Administration at 571-272-7704 or 571-272-7703 for reexamination.
Patent Docs will continue to monitor and report on patent-related developments related to the COVID-19 pandemic. In addition, we encourage our readers to let us know about developments related to the COVID-19 pandemic at other patent offices.
