| Mail Issues, Office Closures, Postal Emergencies, etc. |
Referenced Items (5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94) |
(52) Relief Available to Patent and Trademark Applicants,
Patentees and Trademark Owners Affected by Hurricane Harvey
The United States Patent and Trademark Office (USPTO) has issued a
notice designating the interruption in service of the United States Postal
Service (USPS) in the areas affected by Hurricane Harvey in Texas and
Louisiana, which began on Friday, August 25, 2017, as a postal service
interruption and emergency within the meaning of 35 U.S.C. § 21(a). See
https://www.uspto.gov/learning-and-resources/operating-status. The instant
notice sets forth additional relief available in certain situations as
detailed below. The USPTO considers the effects of Hurricane Harvey in
Texas and Louisiana that began on August 25, 2017, to be an "extraordinary
situation" within the meaning of 37 CFR 1.183 and 37 CFR 2.146 for affected
patent and trademark applicants, patentees, reexamination parties, and
trademark owners.
Patent-Related Correspondence - Time Periods for Reply in Affected Areas
For patent applications and reexamination proceedings pending in the
USPTO as of August 25, 2017, having a correspondence address in the areas
of Texas and Louisiana affected by Hurricane Harvey that the USPTO has
identified as being in affected areas based on the zip code of the
correspondence address, in which a reply to an Office action (final,
non-final, or other), a notice of allowance, or other Office notice
(hereinafter collectively referred to as "Office communication") is
outstanding, and for which the statutory or non-statutory time period set
for reply has not yet expired, the USPTO is withdrawing the Office
communication, and re-issuing the Office communication with a new time
period for reply. See MPEP § 710.06 (Situations When Reply Period Is Reset
or Restarted). Note that the USPTO will not restart any time period for
reply once the statutory or non-statutory time period has expired.
Additional information regarding the restarting of time periods for reply
in these patent applications and reexamination proceedings, including the
zip codes identified by the USPTO, will be published in a separate notice.
The USPTO recognizes that there are other areas in Texas and Louisiana
in addition to the areas identified by zip code that were affected by
Hurricane Harvey. For patent applications and reexamination proceedings
pending in the USPTO as of August 25, 2017, having one or more inventors,
an applicant, an assignee, or a correspondence address in the areas of
Texas and Louisiana affected by Hurricane Harvey, in which a reply to an
Office communication is outstanding, and for which the statutory or
non-statutory time period set for reply has not yet expired, and for which
the USPTO has not restarted the time period, the USPTO will, on applicant's
request, or a reexamination party's request, withdraw the Office
communication and reissue it. The Office communication must have been
outstanding on August 25, 2017. The request must be made prior to
expiration of the statutory or non-statutory time period set for reply and
within sufficient time so that withdrawal and reissuance of the Office
communication occur prior to expiration of the statutory or non-statutory
time period (as permitted to be extended under 37 CFR 1.136(a), or as
extended under 37 CFR 1.550(c) or 37 CFR 1.956). The request must be
accompanied by a copy of this notice in order to permit the Office to
quickly identify it as a request for relief and facilitate timely
processing. The inclusion of a copy of this notice will be treated as a
representation that the need for the reissuance of the Office communication
was due to the effects of Hurricane Harvey. The request should be sent via
EFS-Web using document code PET.RELIEF or by mail directed to Mail Stop
Petition, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450. If necessary, updates to the correspondence address of
record should be provided to ensure receipt of subsequent Office
communications.
Patent-Related Correspondence - Petitions to Revive
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For patent applicants or patent owners who, beginning on August 25,
2017, were unable to timely reply to an Office communication due to the
effects of Hurricane Harvey, which resulted in the application being held
abandoned or the reexamination prosecution terminated or limited, the USPTO
will waive the petition fee in 37 CFR 1.17(m) when the patent applicant or
patent owner files the reply with a petition under 37 CFR 1.137(a). See
35 U.S.C. § 41(a)(7). The inclusion of a copy of this notice with the reply
required to the outstanding Office communication will be treated as a
representation that the delay in filing the reply was due to the effects of
Hurricane Harvey that began on August 25, 2017, and as a request for sua
sponte waiver of the petition fee under 37 CFR 1.17(m). The USPTO advises
any patent applicant or patent owner who seeks to file a petition to revive
under 37 CFR 1.137(a) with a request to waive the petition fee under
37 CFR 1.17(m) due to the effects of Hurricane Harvey, to promptly file the
petition under 37 CFR 1.137(a) accompanied by the required reply (but not
the petition fee under 37 CFR 1.17(m)) and a copy of this notice. The
petition under 37 CFR 1.137(a) must be filed by February 26, 2018, in order
to be entitled to a waiver of the petition fee under 37 CFR 1.17(m). A
petition to revive under 37 CFR 1.137(a) due to the effects of Hurricane
Harvey may be submitted via EFS-Web using document code PET.RELIEF or by
mail directed to Mail Stop Petition, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence - Payment of Maintenance Fees
For patentees who, beginning on August 25, 2017, were unable to timely
pay a patent maintenance fee due to the effects of Hurricane Harvey, the
USPTO will waive (i) the surcharge in 37 CFR 1.20(h) for paying a
maintenance fee during the six-month grace period following the window to
pay the maintenance fee and (ii) the petition fee in 37 CFR 1.17(m) for
accepting a delayed maintenance fee payment when the patentee files the
maintenance fee payment with a petition to accept a delayed maintenance fee
under 37 CFR 1.378(b). See 37 CFR 1.183.
Patentees who seek to pay a maintenance fee during the six-month grace
period following the window to pay the maintenance fee with a request to
waive the surcharge in 37 CFR 1.20(h), must mail the payment and request
to: Director of the United States Patent and Trademark Office, Attn:
Maintenance Fee, 2051 Jamieson Avenue, Suite 300, Alexandria, VA 22314; or
via facsimile to: 571-273-6500.
The request must be accompanied by a copy of this notice in order to
permit the Office to quickly identify it as a request for relief and
facilitate timely processing. The inclusion of a copy of this notice with
the payment of the maintenance fee during the grace period will be treated
as a representation that the late payment of the fee was due to the effects
of Hurricane Harvey that began on August 25, 2017, and as a request for sua
sponte waiver of the surcharge under 37 CFR 1.20(h). This waiver may only
be appropriately requested where the original window of time to pay the
maintenance fee without the surcharge required by 37 CFR 1.20(h) expired on
or after August 25, 2017, and the delay in paying the fee was due to the
effects of Hurricane Harvey.
The USPTO advises patentees who need to file a petition to accept a
delayed maintenance fee payment due to the effects of Hurricane Harvey,
where the maintenance fee payment was required to have been paid after
August 24, 2017, to promptly file a petition under 37 CFR 1.378(b) (using
USPTO form PTO/SB/66 - Petition to Accept Unintentionally Delayed Payment
of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) accompanied by
the applicable maintenance fee payment (but not the petition fee under
37 CFR 1.17(m)) and a copy of this notice. The inclusion of a copy of this
notice will be treated as a representation that the delay in payment of the
maintenance fee was due to the effects of Hurricane Harvey that began on
August 25, 2017, and as a request for sua sponte waiver of the petition fee
under 37 CFR 1.17(m). The petition must be filed by August 27, 2018, in
order to be entitled to a waiver of the petition fee under 37 CFR 1.17(m).
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A petition to accept a delayed maintenance fee payment under
37 CFR 1.378(b) due to the effects of Hurricane Harvey may be submitted via
EFS-Web using document code PET.RELIEF or by mail directed to Mail Stop
Petition, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
Patent-Related Correspondence - Late Submission of Inventor's Oath or
Declaration or Filing Fees
For applicants who filed a nonprovisional application on or after
August 25, 2017, and prior to September 26, 2017, without an executed
inventor's oath or declaration or payment of the basic filing fee, search
fee, and/or examination fee due to the effects of Hurricane Harvey, the
USPTO will waive the surcharge set forth in 37 CFR 1.16(f) for the late
filing of the inventor's oath or declaration or basic filing fee, search
fee, and/or examination fee. Patent applicants seeking waiver of the
surcharge must include a copy of this notice, along with the executed
inventor's oath or declaration or the basic filing fee, search fee, or
examination fee, in order to permit the Office to quickly identify it as a
request for relief and facilitate timely processing. The inclusion of a
copy of this notice will be treated as a representation that the late
filing of the inventor's oath or declaration or the basic filing fee,
search fee, or examination fee was due to the effects of Hurricane Harvey
that began on August 25, 2017, and as a request for sua sponte waiver of
the surcharge under 37 CFR 1.16(f). A reply to a Notice to File Missing
Parts requiring the inventor's oath or declaration or the filing fees
(or other notice stating that the executed inventor's oath or declaration
has not been received) may be submitted via EFS-Web using document code
PET.RELIEF or by mail directed to Mail Stop Missing Parts, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence - Petitions for Unintentionally Delayed
Domestic Benefit and Foreign Priority Claims
For applicants who, beginning on August 25, 2017, were unable to timely
file a benefit claim under 37 CFR 1.78(a) or (d) due to the effects of
Hurricane Harvey, the USPTO will waive the petition fee in 37 CFR 1.17(m)
when the patent applicant submits the benefit claim with the appropriate
petition under 37 CFR 1.78(c) or (e). See 35 U.S.C. § 41(a)(7). Similarly,
for applicants who, beginning on August 25, 2017, were unable to timely
file a priority claim under 37 CFR 1.55 due to the effects of Hurricane
Harvey, the USPTO will waive the petition fee in 37 CFR 1.17(m) when the
patent applicant submits the priority claim with the appropriate petition
under 37 CFR 1.55(e). The inclusion of a copy of this notice with a
petition under 37 CFR 1.78(c), 1.78(e), or 1.55(e) will be treated as a
representation that the delay in filing the benefit or priority claim and
the need to file the petition was due to the effects of Hurricane Harvey,
and as a request for sua sponte waiver of the petition fee under
37 CFR 1.17(m). The USPTO advises any patent applicant who seeks to file a
petition under 37 CFR 1.78(c), 1.78(e), or 1.55(e) with a request to waive
the petition fee under 37 CFR 1.17(m) due to the effects of Hurricane
Harvey, to promptly file the petition under 37 CFR 1.78(c), 1.78(e), or
1.55(e) (but not the petition fee under 37 CFR 1.17(m)) and a copy of this
notice. The petition under 37 CFR 1.78(c), 1.78(e), or 1.55(e) must be
filed by February 26, 2018, in order to be entitled to a waiver of the
petition fee under 37 CFR 1.17(m). A petition under 37 CFR 1.78(c),
1.78(e), or 1.55(e) due to the effects of Hurricane Harvey may be submitted
via EFS-Web using document code PET.RELIEF or by mail directed to Mail Stop
Petition, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
Patent-Related Correspondence - Petitions for Restoration of Domestic
Benefit and Foreign Priority Claims
For applicants who are filing or have filed a nonprovisional application
on or after August 25, 2017, who meet the requirements for restoration of
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the right to claim benefit of a provisional application and who missed the
twelve-month time period under 35 U.S.C. § 119(e) due to the effects of
Hurricane Harvey, the USPTO will waive the petition fee in 37 CFR 1.17(m)
when the patent applicant files a petition under 37 CFR 1.78(b) to restore
benefit of a provisional application. See 35 U.S.C. § 41(a)(7). Note that
the nonprovisional application must have been filed within two months from
the expiration of the twelve-month time period. Similarly, for applicants
who are filing or have filed a nonprovisional application on or after
August 25, 2017, who meet the requirements for restoration of the right of
priority and who missed the twelve-month time period under 35 U.S.C.
§ 119(a) (or the six-month time period under 35 U.S.C. § 172 in a design
application) due to the effects of Hurricane Harvey, the USPTO will waive
the petition fee in 37 CFR 1.17(m) when the patent applicant files a
petition under 37 CFR 1.55(c) to restore the right of priority. Note that
the nonprovisional application must have been filed within two months from
the expiration of the twelve-month time period (or six-month time period in
a design application). The inclusion of a copy of this notice with a
petition under 37 CFR 1.78(b) or 1.55(c) will be treated as a
representation that the delay in filing the nonprovisional application and
the need to file the petition was due to the effects of Hurricane Harvey,
and as a request for sua sponte waiver of the petition fee under
37 CFR 1.17(m). The USPTO advises any patent applicant who seeks to file a
petition under 37 CFR 1.78(b) or 1.55(c) with a request to waive the
petition fee under 37 CFR 1.17(m) due to the effects of Hurricane Harvey,
to promptly file the petition under 37 CFR 1.78(b) or 1.55(c) (but not the
petition fee under 37 CFR 1.17(m)) and a copy of this notice. The petition
under 37 CFR 1.78(b) or 1.55(c) must be filed by February 26, 2018, in
order to be entitled to a waiver of the petition fee under 37 CFR 1.17(m).
A petition under 37 CFR 1.78(b) or 1.55(c) due to the effects of Hurricane
Harvey may be submitted via EFS-Web using document code PET.RELIEF or by
mail directed to Mail Stop Petition, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence - Petitions for Restoration in International
Applications
For applicants who are filing or have filed an international application
on or after August 25, 2017, who meet the requirements for restoration of
the right of priority under PCT Rule 26 bis.3 to a foreign application and
who missed the twelve-month priority period due to the effects of Hurricane
Harvey, the USPTO will waive the petition fee in 37 CFR 1.17(m) when the
patent applicant files a petition under 37 CFR 1.452 to restore the right
of priority. Note that the international application must have been filed
within two months from the expiration of the twelve-month priority period.
The inclusion of a copy of this notice with a petition under 37 CFR 1.452
will be treated as a representation that the delay in filing the
international application and the need to file the petition was due to the
effects of Hurricane Harvey, and as a request for sua sponte waiver of the
petition fee under 37 CFR 1.17(m). The USPTO advises any patent applicant
who seeks to file a petition under 37 CFR 1.452 with a request to waive the
petition fee under 37 CFR 1.17(m) due to the effects of Hurricane Harvey,
to promptly file the petition under 37 CFR 1.452 (but not the petition fee
under 37 CFR 1.17(m)) and a copy of this notice. The petition under
37 CFR 1.452 must be filed by February 26, 2018, in order to be entitled to
a waiver of the petition fee under 37 CFR 1.17(m). A petition under
37 CFR 1.452 due to the effects of Hurricane Harvey may be submitted via
EFS-Web using document code PET.RELIEF or by mail directed to Mail Stop
Petition, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
Patent-Related Correspondence - Contact Information
Patent-related inquiries concerning this notice may be directed to the
Office of Patent Legal Administration at (571) 272-7704 ((571) 272-7703 for
reexamination), or by e-mail to PatentPractice@uspto.gov.
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Trademark-Related Correspondence
For trademark applications and registrations with a correspondence or
owner address in the areas of Texas and Louisiana affected by Hurricane
Harvey as of August 25, 2017, in which an Office action (final, non-final,
post-registration, or other), a notice of allowance, or other Office notice
requiring a response (hereinafter collectively referred to as "Office
communication") is outstanding, the USPTO will, upon written request,
withdraw the Office communication and reissue it with a new response
period. The request must be made prior to the deadline for responding to
the Office communication, and indicate that the need for the reissuance of
the Office communication is due to the effects of Hurricane Harvey that
began on August 25, 2017. The request should be sent via e-mail to
TMPolicy@uspto.gov with "HARVEY" in the subject line, or by mail to
Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, and
include the serial number or registration number. If necessary, updates to
the correspondence address of record should be provided to ensure receipt
of subsequent Office communications.
For trademark applications and registrations with a correspondence or
owner address in the areas of Texas and Louisiana affected by Hurricane
Harvey as of August 25, 2017, that were abandoned or cancelled due to
inability to timely respond to a trademark-related Office communication due
to the effects of Hurricane Harvey that began on August 25, 2017, the USPTO
will waive the petition fee (set by regulation, rather than statute) to
revive the abandoned application or cancelled registration. Either a
petition by regular mail to the address set forth in the preceding
paragraph, or the Trademark Electronic Application System (TEAS)
"Petition to Revive Abandoned Application" or "Petition to the Director
Under Trademark Rule 2.146" forms should be used, and must include a
statement that the failure to respond to the Office communication was due
to the effects of Hurricane Harvey.
Trademark-related inquiries concerning this notice may be directed to
the Trademark Office of Petitions by telephone at (571) 272-8950, by
facsimile at (571) 273-8950, or by e-mail at TMPolicy@uspto.gov.
General Information Regarding Patent-Related and Trademark-Related
Statutory Time Periods and Requirements
This notice does not grant waivers or extensions of dates or
requirements set by statute. For example, the following patent-related time
periods are not extended: (1) the period set forth in 35 U.S.C.
§ 119(a)-(d) to file a nonprovisional patent application claiming the
benefit of a prior-filed foreign application; (2) the period set forth in
35 U.S.C. § 119(e) during which a nonprovisional application claiming the
benefit of a prior filed provisional application must be filed in order to
obtain benefit of the provisional application's filing date; (3) the
copendency requirement of 35 U.S.C. § 120 between a parent application
which issues as a patent and a later filed child application, which
requires that the child application be filed prior to issuance of the
parent application; (4) the three-month time period to pay the issue fee
set forth in 35 U.S.C. § 151; and (5) the 35 U.S.C. § 304 two-month time
period from the date of patentee service, for a requester to file, in an ex
parte reexamination, a reply to a statement filed by the patentee. The
following statutory trademark-related time periods are not extended and
statutory fees are not waived: (1) the 36-month period set forth in
15 U.S.C. § 1051(d) within which a statement of use must be filed and the
associated fee(s); (2) the periods set forth in 15 U.S.C. §§ 1058, 1141(k)
for filing affidavits of continued use or excusable nonuse and the
associated fee(s); (3) the period set forth in 15 U.S.C. § 1059 for filing
a renewal and the associated fee(s); and (4) the periods set forth in
15 U.S.C. §§ 1063 and 1064 for filing an opposition or cancellation
proceeding at the Trademark Trial and Appeal Board.
September 21, 2017 JOSEPH MATAL
Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1443 OG 198]