Intellectual Property Law

USPTO Publishing Notice of Relief Available to Patent and Trademark Applicants, Patentees, Reexamination Parties, and Registered Trademark Owners Affected by the Russian Invasion in Ukraine

To preserve stakeholders’ intellectual property rights, the USPTO has provided various forms of relief to patent and trademark applicants and other affected stakeholders who are unable to meet certain filing deadlines due to the effects of “extraordinary situations” as designated by the USPTO (within the meaning of 37 CFR 1.183, 2.146(a)(5), and 2.148).  Examples of prior “extraordinary situations” include the effects of the coronavirus outbreak and disasters such as the effects of recent hurricanes.   

To that end, the USPTO published an Official Gazette Notice announcing the special accommodations available to patent and trademark applicants, patentees, reexamination parties, and registered trademark owners affected by the Russian invasion in Ukraine that began on approximately February 24, 2022. As the Notice explains, the USPTO considers the effects of the Russian invasion in Ukraine to be an “extraordinary situation” within the meaning of 37 CFR 1.183, 2.146(a)(5), and 2.148 for those affected. You can find more information in the Official Gazette Notice available on the USPTO’s Patent Related Notices webpage.

The USPTO does not grant waivers or extensions of dates or requirements set by statute, but allows the waiver of petition fees. Further, stakeholders can always petition the Director for a waiver under 37 CFR 1.183, 2.146, or 2.148, even where the Director has not published such a notice stating that USPTO is designating a situation as an “extraordinary situation.”

For more information on major events impacting USPTO stakeholders and guidance, please visit the USPTO website.

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