The United States Patent and Trademark Office (“USPTO”) announced new relief measures for those impacted by the COVID-19. As a result of this extraordinary situation, the USPTO is waiving petition fees to affected parties in certain situations. Specifically, the USPTO will waive petition to revive fees for: (1) patent applicants or patent owners whose applications were abandoned or reexamination prosecution terminated or limited because of an inability timely reply to a USPTO communication due to the outbreak; and (2) trademark applications or registrations that were abandoned or cancelled because of an inability to timely respond to a USPTO communication because of the outbreak.
At this time, the USPTO has NOT granted extensions of dates or waivers of requirements set by statute. Additionally, note that certain patent-related time periods may not be extended by petition, and certain trademark-related time periods – such as final Statement of Use deadlines, maintenance filing deadlines and Trademark Trial & Appeal Board opposition or cancellation deadlines – will not be extended, and fees for the same will not be waived.
To view the full order regarding this relief, please click here.
For the time being, USPTO offices are closed to the public. Previously scheduled in-person meetings, interviews or hearings with parties and stakeholders will be conducted remotely by video or telephone. To view all USPTO public messaging regarding COVID-19, please click here.