Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 11, 2020
The Firm
201-896-4100 info@sh-law.comThe U.S. Patent and Trademark Office (USPTO) is further extending the time to file certain patent and trademark-related documents and to pay certain required fees in light of the ongoing coronavirus (COVID-19) pandemic. Deadlines have now been extended to June 1, 2020, for those impacted.
As discussed in greater detail in a prior article, the Coronavirus Aid, Relief and Economic Security (CARES) Act authorized the USPTO to extend the statutory filing deadlines in response to the COVID-19 pandemic. On March 31, the USPTO exercised that authority by providing the possibility of a 30-day extension of certain due dates in patent and trademarks matters that had an original due date between March 27 and April 30, 2020. On April 28, 2020, the USPTO granted additional relief to trademark and patent owners.
The USPTO’s patent relief is set forth in a notice titled “Notice of Extended Waiver of Patent-Related Timing Deadlines Under the Coronavirus Aid, Relief, and Economic Security Act and Other Relief Available to Patent Applicants and Patentees.” For deadlines in patent applications, reexamination proceedings, and proceedings before the PTAB, other than trial proceedings, if an eligible document or fee was or is due between (and inclusive of) March 27, 2020, and May 31, 2020, the filing will be considered timely if filed on or before June 1, 2020, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.
A delay is “due” to the COVID-19 outbreak when the outbreak materially interfered with the filing of a paper or fee. Circumstances that qualify as materially interfering include, without limitation, office closures, cash flow interruptions, lack of access to files or other materials, travel delays, personal or family illness, or other similar circumstances. The person affected by the outbreak may be a practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated with the filing or fee.
For a trial proceeding before the PTAB, if an eligible filing was or is due between (and inclusive of) March 27, 2020, and April 30, 2020, the filing will be considered timely if made within 30 days of the original due date, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. For filings due after April 30, 2020, parties must contact PTAB for a request for relief.
The USPTO also extended certain trademark filing and payment deadlines, as set forth in its “Notice of Extended Waiver of Trademark-Related Timing Deadlines Under the Coronavirus Aid, Relief, and Economic Security Act and Other Relief Available to Trademark Applicants and Trademark Owners.”
If an eligible document or fee was or is due between (and inclusive of) March 27, 2020, and May 31, 2020, the filing will be considered timely if filed on or before June 1, 2020, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. The following filings are eligible for the period of relief:
For trademark applications that were abandoned and registrations that were canceled/expired due to an inability to timely respond to a Trademark-related Office communication having a due date of May 31, 2020, or earlier as a result of the effects of the COVID-19 outbreak, the USPTO has waived the petition fee to revive the abandoned application or reinstate the canceled/expired registration.
According to the USPTO, it will continue to evaluate the evolving situation around the COVID-19 outbreak and the impact on the USPTO’s operations and stakeholders. If the USPTO further extends the CARES Act relief, we will provide updates here.
If you have any questions or if you would like to discuss the matter further, please contact me, David Einhorn, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!