USPTO Offers Relief For COVID-Related Delays In Submitting Priority Documents

One year into the COVID-19 pandemic, and its affects still are impacting patent prosecution, especially as it relates to the difficulty of obtaining paper copies of official documents. While the USPTO rarely requires originals of executed documents, it does require certified copies of foreign priority applications. Recognizing the difficulty (or impossibility) of obtaining certified copies under present circumstances, the USPTO recently announced an option to request suspension of the requirement to file a certified copy of a foreign priority application by the time the issue fee is paid.

COVID-Related Relief from Certified Priority Document Deadline

The USPTO announcement came in a notice published on its website, not in a Federal Register Notice. The requirement to file a certified copy of a foreign priority application is based on 37 CFR § 1.55(f) and 1.55(g). The ability to request relief from the requirement to file a certified copy by the time the issue fee