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Extensions of Patent-Related Deadlines under the CARES Act

Due dates for certain documents or fees at the United States Patent and Trademark Office (USPTO) may be extended by 30 days if a person associated with the filing or fee (e.g., practitioner, applicant, patent owner) was personally affected by the COVID-19 outbreak.

The affected due dates include replies to an Office notice or action, issue fees, maintenance fees for small or micro entities, and certain submissions or fees relating to proceedings at the Patent Trial and Appeal Board (see notice below for more detail). The affected due dates should be between March 27, 2020 and April 30, 2020, and a statement that the delay was due to the outbreak should be submitted with the document or fee.

It should be noted that the affected documents or fees do not include application filings and fees, filing a non-provisional application i) after the 12-month expiry of a provisional application or ii) after the 12-month expiry under the Paris Convention, filing a national stage application by the 30-month deadline of a PCT application, or maintenance fees for large entities.

Read the notice here.

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