OGRP continues to remain fully operational to assist you with upcoming deadlines, with our attorneys and staff working offsite via our robust cloud based docketing and remote access systems.
As part of these ongoing efforts, OGRP is advising our clients that the USPTO has issued a notice on March 31, 2020, stating that 30 day extensions of time are available for filing certain patent and trademark documents and fees that would have otherwise been due between and inclusive of March 27, 2020 through April 30, 2020.
The 30-day extensions are not automatically issued by the USPTO. The extensions of time are available only if the delay was due to the COVID-19 outbreak, and has personally affected someone associated with the filing of the documents or submission of the fees. Such delays include but are not limited to office closures, cash flow interruptions, inaccessibility of files, travel delays, personal or family illness, or similar circumstances that materially interfered with timely filing or payment. A statement that the delay in the filing or payment was due to the COVID-19 outbreak must be submitted with the filing or payment in order to qualify for the extension of time.
The Extensions only apply to certain filings or fees
• Response to an Office Action
• Notice of Appeal
• Issue fee
• Appeal or Reply Brief
• Maintenance fee for a small or micro entity
• Response to an Office Action, including a Notice of Appeal
• Statement of use
• Request for Extension of Time to File a Statement of Use
• Notice of Opposition or Request for Extension of Time to file a Notice of Opposition
• Declaration of Use
• Application for Renewal
Extensions of deadlines for certain filings at the Patent Trial and Appeal Board or the Trademark Trial and Appeal Board can be made when the COVID-19 outbreak has interfered with the ability to timely file, as detailed above.
For the comprehensive lists, please refer to the patent and trademark notices linked above.
The USPTO has also previously waived the petition fee for petitions to revive applications that were abandoned due to the COVID-19 outbreak.