Great news for patent and trademark applicants!
The United States Patent and Trademark Office has recognized this Coronavirus outbreak as a “extraordinary situation” under 37 CPR 1.183 and 37 CPR 2.146. Patent applicants will be able to file a petition to revive an application that went abandoned due to an applicant’s failure to submit replies to the USPTO during the Coronavirus outbreak. The petition must include a statement when reviving stating “the delay in filing the reply required to the outstanding Office communication was because the practitioner, applicant, or at least one inventor, was personally affected by the Coronavirus outbreak such that they were unable to file a timely reply.” Filings should be made no later than two months after the issuance of the notice of abandonment or the notification that reexamination prosecution has been terminated, the party should also include a copy of this notice.
The USPTO has issued this decree in the past with major events such as Hurricane Irma in 2017. Currently the USPTO is closed to the public until further notice.
Article by Carissa Chow