Further Extensions of USPTO Deadlines Under the CARES Act

This article continues the discussion in our earlier article about thirty-day extension eligibility for deadlines with the U.S. Patent and Trademark Office.

The U.S. Patent and Trademark Office ("USPTO") recognizes that the COVID-19 outbreak is still affecting individuals' and businesses' ability to meet certain patent and trademark deadlines, due to financial reasons, key personnel illness, or the inability to access files, for example.

On April 28, 2020, the USPTO announced further extensions.

All prosecution deadlines for filing certain trademark-related and patent-related documents that fall on, or between, March 27, 2020 and May 31, 2020, are eligible for an extension to June 1, 2020.

The complete USPTO notices are available, here for trademarks, and here, for patents. The notices set forth which deadlines are eligible for these extensions. Notably, the extensions are not automatic for Patent Trial and Appeal Board or Trademark Trial and Appeal Board deadlines.

The USPTO's temporary authority to extend deadlines is provided by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), signed by the president on March 27, 2020.

Our IP team can help anyone who has questions about whether the extensions apply to their patent or trademark deadlines. We can also help assess whether taking advantage of the extensions is advised.

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© 2020 Ward and Smith, P.A. For further information regarding the issues described above, please contact Erica B. E. Rogers.

This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.

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