Is the US Patent and Trademark Office Open for Business?

Is the US Patent and Trademark Office Open for Business?

Yes. The USPTO is open for the filing of trademark, TTAB, patent and PTAB documents and fees through the PTO’s electronic filing and payment systems. As the PTO remains open for the filing of trademark and patent documents and fees, the above waiver is available only if the delay was due to the COVID-19 outbreak as defined above. The USPTO will continue to evaluate the evolving situation around COVID-19 and the impact on the USPTO's operations and stakeholders.

What About Non-US Patent and Trademark Offices?

Many countries have adopted similar regulations in their patent and trademark offices. In some, their patent and trademark offices are closed and will not accept certain filings until they reopen. Others are automatically extending deadlines. We are working closely with our foreign associates to monitor all deadlines. Whenever possible, we are filing documents electronically.

Be aware that the CARES Act temporarily authorizes the Director of the USPTO – for the duration of what is referred to in the Act as the “emergency period” – to “toll, waive, adjust, or modify, any timing deadline established by title 35, United States Code.” On March 31st, the Commissioner of the PTO issued a Notice of Relief for deadlines – this is new information as prior to this, the Commissioner had not yet issued guidance on extending due dates for trademark and patent matters.

For more resources and LP's response to COVID-19, visit this webpage.