Top of Notices Top of Notices   (61)  December 29, 2020 US PATENT AND TRADEMARK OFFICE Print This Notice 1481 CNOG  103 

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) 
(61)   Relief Available to Patentees in View of the COVID-19 Outbreak for
     Submission of Initial Patent Term Extension Applications Filed
                        Pursuant to 35 U.S.C. 156

   The United States Patent and Trademark Office (USPTO) considers the
effects of the COVID-19 outbreak to be an "extraordinary situation" within
the meaning of 37 CFR 1.183. In accordance with this notice, the USPTO will
permit the filing of initial patent term extension applications pursuant to
35 U.S.C. 156 via the USPTO patent electronic filing systems (EFS-Web or
Patent Center).

   According to the "Legal Framework for Patent Electronic System"
(https://www.uspto.gov/patents-application-process/filing-online/legal-
framework-efs-web), certain documents are prohibited from being filed via
the USPTO patent electronic filing systems. See section B2 of the "Legal
Framework for Patent Electronic System" for the full list of documents.
Item number 4 on the list is "Initial submissions for patent term extension
under 35 U.S.C. 156." Additionally, MPEP 502.05 indicates that "[i]f any of
the documents listed [in section B2] is submitted via EFS-Web, the document
will not be accorded a date of receipt and it will not be considered
officially filed in the USPTO. Furthermore, no benefit will be given to a
certificate of transmission under 37 CFR 1.8 on the document."

   Due to the COVID-19 outbreak, the prohibition against filing initial
patent term extension applications in accordance with 37 CFR 1.740 or
37 CFR 1.790 via the USPTO patent electronic filing systems is hereby
waived until further notice. In addition, for USPTO patent electronic
filing system filings only, the requirements in 37 CFR 1.740(b) and
37 CFR 1.790(b) for two additional copies of the initial extension
application are waived until further notice.

   The following must be provided in order to be entitled to a filing date
for an initial patent term extension application filed via the USPTO patent
electronic filing systems:

     1. An appropriate document description:

        a. "Patent Term Extension Application Under 35 USC 156" (Doc Code
           TERM.REQ) must be selected for an initial submission under
           35 U.S.C. 156(d)(1) (governed by 37 CFR 1.740), or

        b. "PTE Interim Patent Extension filed" (Doc Code TERM.REQ.ITM)
           must be selected for an initial submission under 35 U.S.C. 156
           (d)(5) (governed by 37 CFR 1.790);

     2. An email address in the contact information to facilitate contact
         with the applicant's representative; and

     3. The applicable fee:

        a. the fee set forth in 37 CFR 1.20(j) for submission of an initial
           application for patent term extension under 37 CFR 1.740, or

        b. the fee set forth in 37 CFR 1.20(j) for submission of an initial
           application for interim patent term extension under
           37 CFR 1.790.

   Should any of the attachments exceed the system filing limits of the
USPTO patent electronic filing systems, such document can be split into
smaller files to permit uploading. Any document that is an attachment to
the initial application for patent term extension must use the document
description "Appendix to the Specification" (Doc Code APPENDIX). This
waiver is effective only until the USPTO provides further notice. Such
notice may occur by publication in the Official Gazette or Federal Register
or on the USPTO's website. However, the USPTO is continuing its efforts to
Top of Notices Top of Notices   (61)  December 29, 2020 US PATENT AND TRADEMARK OFFICE 1481 CNOG  104  

modify the Patent Center, the new electronic filing and retrieval system,
so that patent term extension applications can be filed electronically on a
permanent basis.

   Thus, in accordance with this notice, applicants may now submit initial
patent term extension applications in accordance with 37 CFR 1.740 or
37 CFR 1.790 to the USPTO three ways, via: (1) the USPTO patent electronic
filing systems (EFS-Web or Patent Center); (2) the United States Postal
Service by Priority Mail Express(r) under 37 CFR 1.10 (MPEP 513) or with a
certificate of mailing under 37 CFR 1.8 (MPEP 512); or (3) by hand-delivery
to the Customer Service Window (MPEP 501).

   Technical questions about filing patent term extension applications via
EFS-Web or Patent Center may be directed to the Patent Electronic Business
Center by telephone: 866-217-9197 (toll-free) or 571-272-4100 or by e-mail:
ebc@uspto.gov. Other inquiries regarding patent term extension applications
may be directed to Ali Salimi, Senior Legal Advisor, by telephone at 571-
272-0909, or Raul Tamayo, Senior Legal Advisor, by telephone at 571-272-
7728.

May 29, 2020                                                   ANDREI IANCU
                  Under Secretary of Commerce for Intellectual Property and
                  Director of the United States Patent and Trademark Office

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