On March 27, 2020, President Trump signed the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), which provides, in
part, the United States Patent and Trademark Office (USPTO) with
the authority during the current emergency to "toll, waive,
adjust, or modify any timing deadline established," in the
Patent Act, Trademark Act, and the Copyright Act, including
regulations implementing timing deadlines. Before taking such
action, the USPTO must determine that the COVID-19 emergency
"(1) materially affects the functioning of the patent and
trademark office; (2) prejudices the rights of applicants,
registrants, patent owners, or others appearing before the office;
or (3) prevents applicants, registrants, patent owners or others
appearing before the office from filing a document or fee with the
office." This temporary authority to act ends sixty days after
the emergency.
