USPTO Extends, Modifies CARES Act Deadline Relief

The United States Patent and Trademark Office (USPTO) has extended the period for deferring certain deadlines under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) with important modifications. The most general relief now only applies to small and micro entities "personally affected by the COVID-19 outbreak," although large entities can request relief on a case-by-case basis. The USPTO also is now permitting initial applications for patent term extension under 35 USC §156 to be filed electronically.

Deferring Patent Office Deadlines under the CARES Act

As reported in this article, Section 12004 of the CARES Act granted the USPTO temporary authority to extend statutory deadlines. The USPTO's original notice explaining how the agency would exercise that authority for patent-related deadlines was issued March 31, 2020. Those particulars were superseded by the USPTO's April 28 notice, which revised some details and extended the deferral period to