In accordance with the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act, the United States Patent and Trademark Office further extended the time to file certain patent-related documents and to pay certain required fees on May 27, 2020.

The USPTO website stated that it has already extended various deadlines twice, with the latest extension expiring at the end of this month. However, it recognizes that Covid-19 continues to impose hardships on all businesses. Accordingly, as stakeholders continue to navigate the effects of the pandemic in various ways, and as more and more of them are resuming operations, it will again extend certain deadlines.

Specifically, for small entities, filings that would have been deemed timely filed, if filed by June 1, 2020 pursuant to the CARES Act Notice dated April 28, 2020, will now be deemed timely filed if filed by July 1, 2020. 

For large ones, after May 31, 2020, relief will be available to those who need it on a case-by-case basis. Such requests can be submitted through a petition for an extension of time or a petition to revive. 

In the interest of maintaining flexibility and options for our stakeholders, the USPTO will also extend its waiver of the petition fee for filing a petition for the revival of applications that became abandoned on/before June 30, 2020, if accompanied by a statement that the delay in filing or payment was due to the outbreak.

The USPTO will continue to evaluate the situation and the impact on its operations and stakeholders.

Johnny Chan