| 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, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113) |
(58) Relief Available to Patent and Trademark Applicants,
Patentees and Trademark Owners Affected by the
Severe Coronavirus Outbreak in China
The United States Patent and Trademark Office (USPTO) considers the
effects of the severe Coronavirus outbreak in China that began in
approximately January 2020, 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
Patent applicants and reexamination parties affected by the Coronavirus
outbreak in China may request that the USPTO restart the time period for
reply set in an Office communication. For patent applications and
reexamination proceedings pending in the USPTO as of February 3, 2020,
having one or more inventors, an applicant, an assignee, or a
correspondence address in the areas of China affected by the Coronavirus
outbreak, 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, the USPTO will, on applicant's request, or a reexamination
party's request, restart the time period for reply set in the Office
communication. The USPTO may restart the time period for reply by either
withdrawing and reissuing the Office communication or sending a notice that
states that the time period for reply to the Office communication is being
restarted. The Office communication must have been outstanding on
February 3, 2020. 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 the USPTO can restart the time period for reply to the Office
communication 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 USPTO 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 to
restart the time period for reply set in the Office communication was due
to the effects of the Coronavirus outbreak in China. 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
For patent applicants or patent owners who, beginning on February 3,
2020, were unable to timely reply to an Office communication due to the
effects of the Coronavirus outbreak in China, 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 the Coronavirus outbreak in China, 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 the Coronavirus
outbreak in China, 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 August 3, 2020, 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 the Coronavirus outbreak in China may be
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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 February 3, 2020, were unable to timely
pay a patent maintenance fee due to the effects of the Coronavirus outbreak
in China, 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 USPTO 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 the Coronavirus outbreak in China, 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 February 3, 2020, and the delay in paying the fee was due to the
effects of the Coronavirus outbreak in China.
The USPTO advises patentees who need to file a petition to accept a
delayed maintenance fee payment due to the effects of the Coronavirus
outbreak in China, where the maintenance fee payment was required to have
been paid after February 2, 2020, 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 the Coronavirus
outbreak in China, and as a request for sua sponte waiver of the petition
fee under 37 CFR 1.17(m). The petition must be filed by February 3, 2021,
in order to be entitled to a waiver of the petition fee under 37 CFR
1.17(m). A petition to accept a delayed maintenance fee payment under
37 CFR 1.378(b) due to the effects of the Coronavirus outbreak in China 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 patent applicants who filed a nonprovisional application on or after
February 3, 2020, and prior to March 3, 2020, 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 the Coronavirus outbreak
in China, 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 USPTO to quickly identify
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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 the Coronavirus
outbreak in China, 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 patent applicants who, beginning on February 3, 2020, were unable to
timely file a benefit claim under 37 CFR 1.78(a) or (d) due to the effects
of the Coronavirus in China, 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 patent applicants who, beginning on February 3, 2020, were
unable to timely file a priority claim under 37 CFR 1.55 due to the effects
of the Coronavirus outbreak in China, 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
the Coronavirus outbreak in China, 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 the Coronavirus outbreak in China, 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 August 3, 2020, 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
the Coronavirus outbreak in China 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 patent applicants who are filing or have filed a nonprovisional
application on or after February 3, 2020, who meet the requirements for
restoration of 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 the Coronavirus outbreak in China, 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 patent applicants who are filing or have filed a
nonprovisional application on or after February 3, 2020, 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
the Coronavirus outbreak in China, 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
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delay in filing the nonprovisional application and the need to file the
petition was due to the effects of the Coronavirus outbreak in China, 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 the Coronavirus
outbreak in China, 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
August 3, 2020, 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 the Coronavirus outbreak in China 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 patent applicants who are filing or have filed an international
application on or after February 3, 2020, who meet the requirements for
restoration of the right of priority under PCT Rule 26 bis.3 to an earlier
application and who missed the twelve-month priority period due to the
effects of the Coronavirus outbreak in China, 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 the Coronavirus
outbreak in China, 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 the Coronavirus outbreak in
China, 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 August 3, 2020, 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 the Coronavirus outbreak in China 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.
Trademark-Related Correspondence
For trademark applications and registrations with a correspondence or
owner address in the areas of China affected by the Coronavirus outbreak as
of February 3, 2020, 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 the Coronavirus outbreak
in China. The request should be sent via e-mail to TMPolicy@uspto.gov with
"Coronavirus Outbreak - China" in the subject line, and include the serial
number or registration number. If necessary, updates to the correspondence
information of record should be provided to ensure receipt of subsequent
Office communications.
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For trademark applications and registrations with a correspondence or
owner address in the areas of China affected by the Coronavirus outbreak as
of February 3, 2020, that were abandoned or cancelled due to inability to
timely respond to a trademark-related Office communication due to the
effects of the Coronavirus outbreak, the USPTO will waive the petition fee
(set by regulation, rather than statute) to revive the abandoned
application or cancelled registration. 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 the Coronavirus outbreak in China.
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.
February 11, 2020 ANDREI IANCU
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1473 OG 1]