May 28, 2020

COVID-19 IP Update — May 28, 2020

The U.S. Patent and Trademark Office has extended its relief program for patent applicants for patent-related fees and deadlines. For small and micro entities, filings that would have been deemed timely filed if filed by June 1, 2020, pursuant to the USPTO prior CARES Act Notice dated April 28, 2020, will now be deemed timely filed if filed by July 1, 2020. For large entities, after May 31, 2020, relief will be available only on a case-by-case basis through the filing of a petition for an extension of time or to revive an abandoned application. Fees for applications abandoning on or before June 30, 2020 will be waived if the abandonment was due to the COVID-19 outbreak. Read the patent-related statement on the USPTO website.

The U.S. Patent and Trademark Office is not extending deadlines in trademark applications and proceedings, but announced that it will provide relief on a case by case basis upon petitions to revive abandoned applications and lapsed registrations. The USPTO will continue to waive the petition fee for petitions to revive applications or reinstate registrations that became abandoned or expired/cancelled as a result of the COVID-19 outbreak, with a statement that the delay in filing or payment was due to the COVID-19 outbreak. Read the trademark-related statement on the USPTO website.


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