While a number of patent offices around the world have extended
some, most, or all deadlines “in view of the disruptions to
public life caused by the COVID-19 outbreak” as the EPO put
it, the USPTO has not. Until last week, that was because the
Director lacks statutory authority to extend deadlines set by
statute. However, the CARES Act signed into law on Friday, March
27, 2020, grants the Director temporary authority to extend
deadlines. Now we wait to see if he will do so.
Temporary Authority Under The CARES Act
Section 12004 of the ‘‘Coronavirus Aid, Relief, and
Economic Security Act’’ (the “CARES Act”) is entitled
“TEMPORARY AUTHORITY OF DIRECTOR OF THE USPTO DURING THE
COVID–19 EMERGENCY.” The basic grant of authority to
extend deadlines provides:
