Timothy Maier

USPTO Expands COVID Response To Restore Benefit of and Right of Priority to Prior-Filed Applications

The USPTO has been active in responding to the COVID-19 pandemic. They’ve extended deadlines for affected applicants and practitioners multiple times, established multiple pilot programs related to the virus, and taken steps to make sure they can continue operations throughout the pandemic.

Now the USPTO has expanded its adjustments to allow applicants to restore benefit of and right of priority to Prior-Filed Applications. In the notice, the USPTO explains that if the delay was unintentional, applicants may petition for the restoration for their application. The notice grants a two-month extension for the filing and waives the petition fee under § 1.17(m).

This will be available for application claiming the end of a 12-month or 6-month period which fell in a period starting March 27, 2020 and ending after July 30, 2020. This applies to non-provisional utility claiming to both foreign applications (under § 119(a) and § 172) and provisional applications (§ 119(e)), and to foreign applications claiming right of priority.

In order to obtain the extension, as with the other extensions, applicant must demonstrate that the delay was unintentional and due to the COVID-19 outbreak. The USPTO highly encourages the use of this form to establish the COVID-19 connection.

Any questions or concerns regarding your applications or other USPTO matters can be brought to us at info@maierandmaier.com.

Category: Firm News, General