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U.S. Patent and Trademark Office Releases Notice on Effects of Coronavirus

The U.S. Patent and Trademark Office (USPTO) released a notice on March 16 about the effects of coronavirus. The USPTO is open for business but closed for public visits and in-person interviews. The coronavirus is considered to be an "extraordinary situation" for affected patent and trademark owners.

Acting within the Patent and Trademark statutes, the USPTO is waiving petition fees in certain situations for customers impacted by the coronavirus. It is important to note that the notice does not grant waivers or extensions of dates or requirements set by statute. The USPTO is waiving the fee requirements when reviving an abandoned patent or trademark, if the abandonment was caused by effects of the outbreak.

However, the USPTO is not granting waivers or extensions for dates or requirements set by statute, and therefore the following are not extendable by the petition:

For Patents

  • the one-year deadlines to file Utility Patents based on Provisional or Foreign Applications

  • the deadline requirements for filing Continuation, Continuation In Part or Divisional Applications

  • the three-month deadline to pay an issue fee

  • deadlines to file reexamination proceedings

For Trademarks

  • all post registration renewals and deadlines

  • deadlines to file statement of use or extension requests for pending Intent to use applications

  • the deadline to file opposition or cancellation proceedings

Read more details in the official notice.

© 2020 Much Shelist, P.C.


About this Author

Adam K. Sacharoff, Intellectual Property Lawyer, Technology Attorney, Much Shelist Law firm

Adam K. Sacharoff, Chair of the firm's Intellectual Property & Technology practice, counsels clients on patents, trademarks, and copyright matters, as well as a broad range of technology matters including sweepstakes, on-line privacy matters, and licensing.

Adam provides clients with a full range of patent-related legal services, including U.S. and international patent prosecution, patent opinions, pre-litigation counseling, ex parte and inter partes patent reexamination, due diligence of intellectual property assets, and patent licensing. He has filed and prosecuted hundreds of...