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US Patent Office Offers Assistance During COVID-19 Crisis

The United States Patent and Trademark Office is offering relief to those affected by the Coronavirus outbreak.  Understanding that deadlines may be missed during the crisis, the USPTO is offering to waive the fees associated with a petition to revive a patent application should the patent application become abandoned due to an inventor, or a practitioner, being affected by the Coronavirus.

The official notice can be read HERE.

There are strict guidelines to take advantage of this offer from the USPTO.  When filing the petition, you must include the appropriate reply, e.g., a response to an Office action, and you should also enclose a copy of the notice above with the petition.  Also, the petition must be filed within two months of the date of abandonment in order to take advantage of the fee waiver.

Petitions to revive an application generally include a requirement to disclaim the patent for the time that it was abandoned.  This requirement is not mentioned in the notice, so I assume that you will still have to file the same disclaimer.

If you need any assistance with preparing such a petition, please contact our office and we will be happy to assist you.

Search Widerman Malek

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