Blog Big Molecule Watch May 06, 2020

USPTO Extends Certain Deadlines to June 1 Due to COVID-19 Pandemic

On April 28, 2020, the U.S. Patent and Trademark Office (USPTO) issued a notice to extend certain patent and trademark deadlines to June 1, lengthening extensions that the USPTO had announced on March 31.  Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), certain deadlines between March 27 and May 31, including replies to office actions, have been extended to June 1, “provided that they are accompanied by a statement that the filing delay was due to the COVID-19 outbreak.”  The USPTO announced a different arrangement for filings at the Patent Trial and Appeal Board (PTAB).  For filings due between March 17 and April 30, the PTAB will provide a 30-day extension upon an affirmance to the USPTO that the filing “was or may be delayed due to the COVID-19 outbreak.”  For filings due after April 30, parties must contact the PTAB to request for an extension of time.  The notice makes clear that the USPTO remains “open for filing of patent documents and fees.”

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