The Coronavirus Aid, Relief, and Economic Security Act
("CARES Act") allows the United States Patent and
Trademark Office (USPTO) to extend the time to file certain
patent-related documents or fees. Specifically, subsection 12004(a)
of the CARES Act provides that the USPTO, “may toll, waive,
adjust, or modify, any timing deadline ... in effect during the
emergency period ... ,” when:
[T]he Director of the USPTO determines that the emergency
related to such period:
- materially affects the functioning of
the Patent and Trademark Office;
- prejudices the rights of applicants,
registrants, patent and trademark owners, or others appearing
before the Office; or
- prevents applicants, registrants,
patent and trademark owners, or others appearing before the Office
from filing a document or fee with the Office.
