The U.S. Patent and Trademark Office (USPTO) continues to recognize the challenges faced by applicants due to the COVID-19 pandemic, particularly for small businesses and individuals. It is important to stay up to date on the USPTO’s relief efforts in order to take advantage of the institution’s generous temporary policies.
In the first days of the pandemic, in March, the USPTO granted initial relief by waiving fees and extending deadlines. Additional notices were sent on April 28 that extended deadlines and expanded fee waivers to include fees associated with reviving applications that become abandoned due to COVID-19. The USPTO’s most recent relief directives were announced on May 27, 2020 and include the following:
Trademarks:
The USPTO will waive petition fees for reviving applications or reinstating registrations, and the deadline to do so is extended to June 30, 2020. The USPTO will consider petitions to revive in the following situations: Applicants and Registrants who missed responses or fees to an office communication; Applicants who missed the 36-month statutory deadline for filing a Statement of Use; and Registrants who missed a statutory deadline that resulted in a cancellation or expiration of a registration.
Patents:
The USPTO will extend due dates for small and micro entities for various filings if submitted by July 1, 2020. Large entities may seek relief on a case-by-case basis. Additionally, the USPTO will waive the petition fee for all entities to revive applications affected by COVID-19 that were abandoned on or before June 30, 2020.
If you have any questions regarding the above provisions or regarding other COVID-19 relief provided by the USPTO, please contact us at
ipinsights@fishstewip.com
or at +1-248-594-0600.