Due to the continued COVID-19 outbreak in the United States, the United States Patent and Trademark Office (USPTO) has further extended the deadline to submit certain patent and trademark filings, as well as pay required fees, to June 1st, 2020.
This temporary authority was granted under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that was signed into law on March 27th. Any eligible document or payment that was due between March 27, 2020, and April 30, 2020, was to be considered timely if it was made within thirty days (30) of the original due date. This provision has now been extended for an additional thirty days.
To qualify under this exemption, the filing or payment must include a statement that the delay was due to the COVID-19 outbreak. This statement is not required to be in the form of an official affidavit or declaration. The USPTO indicates that the statement can be made on a separate document or included on whatever you are filing, provided it’s incorporated in a conspicuous manner.
According to the USPTO, circumstances that qualify as “materially interfering” with a timely filing or payment that can be used for a COVID-related extension include “office closures, cash flow interruptions, lack of access to files or other materials, travel delays, personal or family illness, or similar circumstances.”
It is important to note that while the USPTO remains open during the pandemic, the office encourages everyone to use its electronic system for all filings and payment of fees where possible.
Our law firm will continue to keep an eye on the USPTO and any further extensions that may be issued if the pandemic prevents the country from fully opening for an extended period of time.
If you have further questions about any filings or payments you may need to make and whether you are eligible for a temporary extension, please feel free to contact our office at 888-666-0062 to schedule a phone or video consultation.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.