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April 1, 2020
On Tuesday, March 31st, the USPTO announced extensions for certain patent and trademark related documents and fees in response to the COVID-19 outbreak. The Nelson Mullins Intellectual Property Group continues to monitor on an ongoing basis any changes regarding USPTO operations and have outlined the most recent deadline and fee extensions below. If you have been affected by the COVID-19 outbreak, please reach out to your Nelson Mullins IP attorney to discuss available options.
Relief in patent application and reexamination proceedings with due dates, between and inclusive of, both March 27, 2020 and April 30, 2020, will be extended 30 days from the initial due date, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak for the following:
For delays due to the COVID-19 outbreak, the PTAB shall provide the 30-day extension for:
For all other PTAB situations not covered above, a request for extension of time where the COVID-19 outbreak has prevented or interfered with filing before the board can be made by contacting the PTAB.
The above extensions apply if an applicant, patent owner, petitioner, third party requester, inventor, or other person associated with filing was personally affected by the outbreak including but not limited to office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances which interfere with timely filing or payment.
All other operations at the USPTO remain normal. The USPTO’s official notice is available here. If you have any questions, please do not hesitate to contact your Nelson Mullins IP attorney.
For additional information on COVID-19 related issues, please visit the Nelson Mullins COVID-19 resource page or contact a Nelson Mullins attorney.
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.