Certain Patent- and Trademark-Related Deadlines Extended Under CARES Act

In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the U.S. Patent and Trademark Office (USPTO) released notices extending patent- and trademark-related timing deadlines.

Due dates on or after March 27, 2020 to and including April 30, 2020 for filing certain documents in pending proceedings and making some payments identified in the notices will be extended 30 days from the initial due date, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak as defined in the notices. These USPTO notices follow similar ones made by foreign patent offices including yesterday’s updated announcement from the European Patent Office and another recent one from the Korean Intellectual Property Office.

In addition to relief provided by the USPTO under the CARES Act, the USPTO has longstanding procedures available for suspension of action and deferral of examination, which we note might be useful tools in light of COVID-19 disruptions. If you have questions about these procedures or the aforementioned announcements, please contact your IP attorney.