USPTO Pandemic Response

Like many public and private enterprises, the USPTO has had to make changes in light of the COVID-19 pandemic. It is likely that, in future pandemics, the USPTO would take similar steps.

Key Takeaways

• The CARES Act has granted the USPTO Director the ability to extend deadlines.
• Thirty-day extensions will be granted in certain proceedings where a due date was between, and inclusive of, March 27, 2020, through April 30, 2020, and a statement is filed indicating that the delay in filing or payment was due to the COVID-19 outbreak.
• The USPTO is waiving petition fees for the revival of abandoned applications, or terminated or limited reexamination prosecution on the basis of unintentional delay for where a statement is filed indicating that the delay in filing the reply required to the outstanding Office communication was because the practitioner, applicant, or at least one inventor, was personally affected by the Coronavirus outbreak such that they were unable