Due to the continued effects of COVID-19, the U.S. Patent and Trademark Office (USPTO) has further extended the time to make certain patent and trademark filings and fees. Delays in any of the following between and inclusive of March 27 and May 31 will be considered timely filed, if filed on or before June 1, 2020 and accompanied by a statement that the delay was due to the COVID outbreak:

 

Trademark Filings

For trademark filings, any of the following actions under certain sections may now qualify for the revised due date extension:

  • Reply to an Office Action
  • Statement of use or request for an extension of time to file a statement of use
  • Notice of opposition or request for an extension of time to file a Notice of opposition
  • Priority filing
  • Transformation of an extension to the US into a US application
  • Affidavit of use or excusable non-use
  • Renewal application

Patent Filings

For patent filings, any of the following actions may now qualify for the revised due date extension:

  • Reply to an Office notice during pre-exam processing by a small or micro entity
  • Reply to an Office notice or action during examination or patent publication
  • Issue fee
  • Notice of appeal, appeal brief, reply brief, appeal forwarding fee, request for oral hearing, response to Examiner, amendment when reopening prosecution
  • Maintenance fee by a small or micro entity
  • Request for Rehearing of a PTAB decision

Also, petition fees are waived for revival of applications or reexamination proceedings that were abandoned, terminated, or limited on or before May 31, 2020 provided a statement is filed with USPTO indicating that the delay was due to the COVID outbreak.

The delay may be due to office closures, cash flow interruptions, inaccessibility of files, travel delays, personal or family illness or similar circumstance where the outbreak materially interfered with timely file or payment.

For more information, please visit the following USPTO web resources:

https://content.govdelivery.com/accounts/USPTO/bulletins/288eb54

https://www.uspto.gov/about-us/news-updates/uspto-extends-certain-patent-and-trademark-deadlines-june-1 

Editor’s Note:¬†This article is an update on information previously shared on April 1, 2020 in our prior update on USPTO extensions, which may be viewed here:

https://www.dilworthip.com/resources/news/uspto-issues-extensions-on-selected-patent-trademark-filings/

Michael Dilworth 


This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. The opinions expressed in this article are those of the author only and are not necessarily shared by Dilworth IP, its other attorneys, agents, or staff, or its clients.