Can the Coronavirus Impact my Intellectual Property Rights?


Can the Coronavirus Impact my Intellectual Property Rights?

The Coronavirus is impacting all aspects of life, including intellectual property. While people all over the country are still trying to adjust to the situation at hand, intellectual property offices are doing the same. The responses from IP offices are different all over the world and changing as time goes by. For example, certain overseas offices, such as the European Patent Office, India, and the United Kingdom have decided to extend deadlines due to the effects of the Coronavirus. However, the decisions that were made within the United States are not the same. 

The CARES Act, enacted by the United States government in response to the Coronavirus, temporarily grants the United States Patent and Trademark Office (USPTO) director authority to toll, waive, adjust, or modify any timing deadline under the Trademark Act and section 18 of the America Invents Act. However, as of now, USPTO decided not to allow automatic extensions for either patents or trademarks. While this is true, certain deadlines that are associated with patent and trademark filings and fees will be extended for 30 days in the event that the delay was due to the Coronavirus outbreak. In addition to this, USPTO decided to waive the fee for the Petition to Revive certain lost rights due to a failure to take action because of the Coronavirus. 

We are currently living in unprecedented times and, as a result, it can be expected that guidelines and notices from IP offices can change as time goes on. If you have a question regarding whether or not the Coronavirus is impacting your intellectual property rights, do not hesitate to contact an experienced New Jersey intellectual property attorney to ensure your rights are maintained or see if action may be required. 

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The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.