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Davis Brown Intellectual Property Law Blog 


USPTO Extends Some Patent and Trademark Deadlines - May 4, 2020

In notices released April 28, the United States Patent and Trademark Office (USPTO) has again extended certain deadlines until June 1 for filings that otherwise would have been due on or after March 27, 2020. Previous notices from USPTO provided a 30-day extension of deadlines, so this change is significant for many filers.

 

If a qualifying deadline falls between March 27 and May 31 and the filing or payment is submitted by June 1 along with a statement that the delay was due to the COVID-19 outbreak, the filing will be considered timely.

 

Patent

Among the patent related deadlines that may be extended:

  • replies to office actions
  • payment of issue fees
  • payment of maintenance fees for small and micro entities

A complete list of eligible deadlines can be found in the notice.

 

Trademark

Among the Trademark related deadlines that may be extended:

  • responses to office actions
  • statement of use filings
  • renewal applications

A complete list of eligible deadlines can be found in the notice.

 

The USPTO will continue to provide waivers for the petition fee for the revival of applications that have become abandoned or registrations that have been cancelled or expired on or before May 31, 2020 as a result of the COVID-19 outbreak.

 

Davis Brown will continue to work with and counsel our clients as if it is “business as usual” and work to meet original deadlines unless notified otherwise. If you have any questions or concerns about these extended deadlines or other intellectual property matters, please contact your legal counsel.



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