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ARTICLE · 29 JULY 2020

The USPTO Allows Deadline Extensions Through the CARES Act

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In response to this grant of authority under the CARES ACT, the USPTO published a notice on March 31, 2020, entitled "Notice of Wavier of Patent-Related Timing Deadlines under the [CARES] Act"...

United StatesCoronavirus (COVID-19)
David C. Vondle
David C. Vondle
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Key Points:

  • The CARES Act grants the Director of the USPTO temporary authority to "toll, waive, adjust, or modify" statutory deadlines under the Title 35 of the United States Code governing patent law.
  • In a Notice published on March 31, 2020, the USPTO issued guidelines to allow 30-day extensions of certain filings and pleadings for those affected by the COVID-19 national emergency.
  • In addition, the USPTO provides for the extension of certain deadlines in inter partes reviews and other proceedings at the PTAB.

In response to this grant of authority under the CARES ACT, the USPTO published a notice on March 31, 2020, entitled "Notice of Wavier of Patent-Related Timing Deadlines under the [CARES] Act" (link here) ("Notice"). In that Notice, the Director of the USPTO determined that the national emergency relating to the COVID-19 outbreak "has prejudiced the rights of

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