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IP Filing Deadlines Extended Under CARES Act

April 3, 2020

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Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) Director may modify certain patent and trademark-related deadlines where the COVID-19 outbreak has either prejudiced applicants’ rights or interfered with the filing of a document or fee payment. The Acting Register of the Copyright Office is also granted expanded authority under the CARES Act for modifying certain copyright-related deadlines.

The USPTO has now provided guidance for extending the time to submit documents or fees which otherwise would have been due on or after March 27, 2020. This relief provides a 30-day deadline extension from the initial due date for certain filings and fees required in patent and trademark applications, patent reexamination proceedings, and Patent Trial and Appeal Board and Trademark Trial and Appeal Board proceedings due between March 27, 2020, and April 30, 2020. The Copyright Office has also extended deadlines for applicants without internet access or those who must submit non-electronic filings.

To obtain an extension of the deadline, an eligible trademark or patent filing must include an extension request and a statement that the delay in filing or payment was due to the COVID-19 outbreak with a brief explanation that the person(s) associated with the filing or fee was personally affected, for example, through office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness or other reasons interfering with the timely filing or payment.

The patent-related filings and fees eligible for a deadline extension may be found here. The trademark-related filings and fees eligible for a deadline extension may be found here. Other national and regional offices worldwide have offered similar extensions.

Dykema’s intellectual property attorneys are actively monitoring developments due to the Coronavirus and are available to assist with intellectual property issues. For more information, please contact Jennifer Fraser (202-906-8712 jfraser@dykema.com), Ryan Borelo (210-554-5216 or rborelo@dykema.com), or your Dykema relationship attorney.

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