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:
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
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