USPTO Extends Certain Patent Deadlines to July 1, 2020, but Limits Trademark Deadlines to May 31, 2020
May 28, 2020
By Jeffrey D. Morton and Charles F. Hauff Jr.
The United States Patent and Trademark Office (USPTO), operating in accordance with the temporary authority provided by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), previously extended the time to file certain patent and trademark-related documents and fees, which would have otherwise been due between March 27, 2020 and May 31, 2020, to June 1, 2020. The USPTO has now granted further relief for patent applicants that qualify as small or micro entities to July 1, 2020. The same relief has not been extended to trademark applicants.
The CARES Act has provided extraordinary relief for patent applicants and their counsel for nearly any patent-related deadline through to June 1, 2020. Pursuant to an update provided by the USPTO on May 27, 2020, and notably only for small and micro entities, patent prosecution deadlines that would have been deemed to have been timely filed if filed by June 1, 2020, will now be accepted if filed by July 1, 2020. Importantly, for large entities, relief must be sought on a case-by-case basis.
The CARES Act has also provided extraordinary relief for trademark applicants and their counsel for nearly any trademark-related deadline that has fallen between March 27, 2020 and May 31, 2020. Pursuant to an update provided by the USPTO on May 27, 2020, much of the relief provided for trademark applicants will expire on May 31, 2020. Trademark applicants who subsequently miss trademark prosecution deadlines will now need to seek extraordinary relief through petition mechanisms available through the USPTO.
Snell & Wilmer has been providing guidance to clients from around the world on these important intellectual property matters. Readers are welcome to contact Jeffrey D. Morton or Charles F. Hauff, Jr. for more information.
©2020 Snell & Wilmer L.L.P. All rights reserved. The purpose of this publication is to provide readers with information on current topics of general interest and nothing herein shall be construed to create, offer, or memorialize the existence of an attorney-client relationship. The content should not be considered legal advice or opinion, because it may not apply to the specific facts of a particular matter. As guidance in areas is constantly changing and evolving, you should consider checking for updated guidance, or consult with legal counsel, before making any decisions.