US $2tn coronavirus bill grants USPTO emergency powers
The US Patent and Trademark Office (USPTO) could be given emergency powers to waive or change patent and trademark filing deadlines if an historic $2 trillion deal passes the House of Representatives and is signed into law.
Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which the US Senate passed unanimously earlier this week, USPTO director Andrei Iancu would be able to temporarily “toll, waive, adjust, or modify, any timing deadline” to mitigate the impact of disruption caused by the COVID-19 pandemic.
To use this power, Iancu will need to determine that the emergency “materially affects” the functioning of the office, prejudices the rights of applicants, registrants, patent owners, or others appearing before the USPTO or prevents those appearing before the office from filing a document or paying a fee.
The emergency period is defined in the relevant section as the national emergency declared by US President Donald Trump on March 13, 2020, as a result of the COVID-19 outbreak. Iancu’s authority would begin with the enactment of the CARES Act and end 60 days after the emergency period was over.
Maria Strong, in her capacity as acting register of copyrights, is also granted the ability to temporarily “toll, waive, adjust, or modify any timing provision” under copyright law (subject to certain exceptions).
The CARES Act was passed by the Senate on Wednesday, March 25. It has now been sent to the House of Representatives and, if it passes, will need to be signed into law by Trump. Despite some early stoppages by Senate Democrats, the bill is expected to pass and be signed into law.
Earlier this month, the USPTO said it would waive petition fees in certain situations, amid the coronavirus pandemic. However, the office added that it is not granting waivers or extensions of dates or requirements set by statute, such as the period to file a patent application claiming the benefit of a prior-filed foreign application.
In Europe, both the European Union Intellectual Property Office and the European Patent Office have extended their deadlines.
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