As previously noted, on March 31, the US Patent and Trademark Office (USPTO) used its authority granted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act to extend by 30 days due dates for certain patent and trademark matters having an original due date between March 27 and April 30. The USPTO now has posted answers to frequently asked questions (FAQs) it received in response to the notices granting the extension under the CARES Act in patent and trademark matters. According to the FAQs, the next-business-day rule applies if the 30-day extension ends on a weekend or a federal holiday.
The patent FAQ provides an extensive listing of filings and fees eligible for the 30-day extension in patent matters. However, the deadlines for filing a petition for an inter partes review, post-grant review and covered business method review are not extended.
The USPTO clarifies that the statement necessary to take advantage of the extension under the CARES Act does not need to be verified or provided in the form of an affidavit or declaration. While for prosecution-related matters the USPTO prefers the statements in a separate paper, the USPTO will accept the statement as part of the paper, but “it should be made in a conspicuous manner.” Continue Reading