USPTO Extends Certain Patent Deadlines to July 1, 2020, but Limits Trademark Deadlines to May 31, 2020

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Snell & WilmerThe 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.

Patents

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.   

Trademarks

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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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