Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

USPTO Waives Petition to Revive Fees for Patents, Patent Applications, Trademarks and Trademark Applications Abandoned Because of an Inability to Respond Due to COVID-19

By Fabian Koenigbauer on March 17, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

To give patent and trademark applicants as well as patent and trademark owners relief from the implications of the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) determined that the COVID-19 outbreak qualifies as an “extraordinary situation” and exercised its authority to waive certain petition fees. For patent owners and applicants unable to timely reply to a communication from the USPTO due to COVID-19, the USPTO is waiving any petition fee associated with the revival. Similarly, for trademark applications and registrations abandoned, canceled or expired due to an inability to timely respond to a communication, the USPTO is also waiving any petition fee associated with the revival. To utilize the waiver, a copy of this Notice must be enclosed along with a timely filed petition to revive. The USPTO will treat enclosure of this notice “as a representation that the delay in filing the reply was due to the effects of the Coronavirus outbreak, and as a request for sua sponte waiver of the petition fee.”

However, the USPTO cautions that “[t]his notice does not grant waivers or extensions of dates or requirements set by statute.” In other words, patent and trademark applicants as well as patent and trademark owners need to abide by the statutory due dates to avoid potential loss of rights. In particular, the Notice notes that for patents, the one-year deadline to claim priority to or to convert provisional applications into non-provisional applications, the co-pendency requirement for parent and child applications, the period to pay the issue fee, and the time limits for ex parte reexamination are not extendable by petition. For trademarks, the Notice notes that the 36-month deadline to file the statement of use, the due dates for filing affidavits of continued use or excusable nonuse, and the deadlines for filing a renewal, an opposition or a cancellation proceeding are not extendable by petition.

Photo of Fabian Koenigbauer Fabian Koenigbauer
Read more about Fabian KoenigbauerEmailFabian's Linkedin Profile
  • Posted in:
    Intellectual Property
  • Blog:
    IP Intelligence
  • Organization:
    Baker & Hostetler LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo