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Patent Office Can Waive Filing Deadlines Under Stimulus Bill

March 26, 2020, 9:21 PM

U.S Patent and Trademark Office Director Andrei Iancu could waive or change patent and trademark filing deadlines under the Senate-passed stimulus bill.

Iancu would be able to temporarily “toll, waive, adjust, or modify, any timing deadline” under the CARES Act.

Iancu could take action if he determines that the Covid-19 outbreak is curbing the rights of patent owners, registrants and applicants, or preventing them from filing a fee or document with the agency, according to the bill.

Iancu could act if he determines that the coronavirus emergency “materially affects the functioning” of the agency.

The patent office declined to comment on the bill. The agency earlier this month waived fees in certain situations, but noted it wasn’t granting extensions or waivers for requirements set by statute.

To contact the reporter on this story: Ian Lopez in Washington at ilopez@bloomberglaw.com

To contact the editors responsible for this story: Roger Yu at ryu@bloomberglaw.com; Keith Perine at kperine@bloomberglaw.com

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