Impact of COVID-19 Pandemic on Patent Offices and Federal Courts – April 6 UPDATE

In a USPTO Alert e-mail distributed earlier yesterday, the U.S. Patent and Trademark Office announced the release of a series of Frequently Asked Questions (FAQs) regarding extensions of time for filing certain patent-related documents and paying certain required fees that resulted from the temporary authority provided to the USPTO under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).  The Office announced the availability of such extensions on March 31 (see "USPTO Announces Extension of Certain Patent Deadlines").

The Office released 21 FAQs regarding patent-related extensions.  In its responses to the FAQs, the Office noted that the statement that the delay in filing or payment was due to the COVID-19 outbreak, which must accompany the filing or payment, "need not be verified or provided in affidavit or declaration form."  However, the Office reminded applicants and practitioners that such statements constitute a certification under 37 C.F.R. § 11.18(b), and that violations of 37 C.F.R. § 11.18(b) may be subject to sanctions pursuant to 37 C.F.R. § 11.18(c).  The Office also noted that statements can be included in the paper being filed, but if included in the paper being filed, "should be made in a conspicuous manner."

The Office reiterated that the standard for determining whether a delay in filing or payment was due to the COVID-19 outbreak is that "the outbreak materially interfered with the filing of a paper or fee" (emphasis added).  As noted in the Office's original announcement of the extensions, and repeated in the FAQs, "[c]ircumstances 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 Office concludes the FAQs by stating that it "will continue to evaluate the evolving situation around COVID-19 and the impact on the USPTO's operations and stakeholders," and if the Office extends relief under the CARES Act, it "will provide timely notice."  The Office also indicates that it will continue to evaluate the evolving situation concerning the COVID-19 pandemic and will update the FAQs as needed.

The Office also announced the release of a series of Frequently Asked Questions (FAQs) regarding extensions of time for filing certain trademark-related documents and paying certain required trademark-related fees.  The trademark-related FAQs can be found here.

All of the USPTO's updates regarding the COVID-19 pandemic can be found here.