The United States of America

As COVID-19 infections rise, USPTO, federal district courts, and Federal Circuit have taken various measures against the pandemic.

U.S. Patent and Trademark Office

●May 14　Source: www.lexology.com

Underscoring the significance of utilizing intellectual property (IP) in the ongoing fight against the coronavirus (COVID-19), the US Patent and Trademark Office (USPTO) on Monday publicly unveiled a new online database that acts as a patent “marketplace” aimed at facilitating the voluntary licensing and commercialization of key technologies related to the prevention, diagnosis, and treatment of COVID-19.

The goal of the “Patents 4 Partnerships” initiative is to bring together patent owners who want to make their technologies available for licensing and entities who have an interest in and the ability to commercialize these technologies. The USPTO stated in a press release about the platform that it provides “the public with a user-friendly, searchable repository of patents and published patent applications related to the COVID-19 pandemic that are indicated as available for licensing.”

Because of the current public health situation, technologies such as personal protective equipment, disinfectants, ventilators, testing equipment and components thereof, and life science patents focused on biotherapeutics, antibody testing and vaccine-related cures, comprise the bulk of the current database. Of course, in the future, the hope is when there is less of an immediate need for technologies solely focused on COVID-19, the platform may be expanded to include other technologies to serve the general purpose of facilitating licensing efforts between entities.

A small snapshot of some of the over 175 technologies currently listed on the platform include:

●Prefusion Coronavirus Spike Proteins And Their Use
●Adsorptive Membranes For Trapping Viruses
●Manual Ventilation Feedback Sensor For Use In Clinical And Training Settings
●Portable Multi-Spectrometry System For Chemical And Biological Sensing In Atmospheric Air
●Portable Inflatable Protective Partitioning System

The online user interface of the Patents 4 Partnerships database is straightforward, and allows users to easily search and sort information with several variables. One can search by keyword, inventor name, assignee, and issue date. The database indicates whether the licensing status of the listed technology is currently “available,” or “unknown” by the USPTO. The platform also offers a link to sources that include the licensing information for each specific technology.

Since Monday, the majority of database listings and information on the platform has been culled from various public sources, including the USPTO itself, the Federal Laboratory Consortium for Technology Transfer (FLC Business), the AUTM Innovation Marketplace (AIM), universities, and a variety of federal agencies, including the National Institutes of Health, the Department of Energy, the National Aeronautics and Space Administration, the Food and Drug Administration, the Centers for Disease Control and Prevention, the Department of Defense and the Department of Veterans Affairs databases.

IP owners are encouraged to use the database by submitting additional technologies that they believe are related to the COVID-19 crisis. Users, and specifically potential licensees, are invited to send comments through the link provided on the main page of the platform and should directly reach out to IP owners in order to start licensing and commercialization efforts to produce the critical technologies that address needs right now because of the pandemic.

Companies with the financial resources, manufacturing capacities, and ability to operate within a space outside of their traditional business models may take advantage of the opportunity the Patents 4 Partnerships platform provides to cross-collaborate and license innovative technologies that work towards the prevention, cure, and continued fight against the effects of COVID-19 on the United States and the rest of the world.

●May 8　Source: www.uspto.gov

The United States Patent and Trademark Office (USPTO) today announced a new COVID-19 Prioritized Examination Pilot Program.

Under this new pilot program, the USPTO will grant requests for prioritized examination to patent applicants that qualify for small or micro entity status without payment of the typical fees associated with other prioritized examination. In addition, the USPTO will endeavor to reach final disposition of applications in this program within six months if applicants respond promptly to communications from the USPTO.

“Independent inventors and small businesses are often the difference makers when it comes to cutting-edge innovation and the growth of our economy,” said Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “They are also in most need of assistance as we fight this pandemic. Accelerating examination of COVID-19-related patent applications, without additional fees, will permit such innovators to bring important and possibly life-saving treatments to market more quickly.”

To qualify for the new program, the claims of an application must cover a product or process that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19. See the Federal Register Notice for more information.

●May 6　Source: www.uspto.gov

In response to the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) today announced it will temporarily permit the filing of plant patent applications and follow-on documents via the USPTO patent electronic filing systems (EFS-Web or Patent Center) until further notice. Filers are reminded that only registered users of the USPTO patent electronic filing systems may file follow-on documents into existing applications via the USPTO patent electronic filing systems.

●April 28　Source: www.uspto.gov

USPTO Guidelines

The United States Patent and Trademark Office (USPTO) has released guidelines to help trademark applicants and owners during the coronavirus outbreak in the United States.

The guidelines indicate that the USPTO will waive the petition fees for revival of trademark applications and registrations that have been abandoned or canceled/expired due to an applicant or owner's inability to timely respond to a trademark office communication as a result of COVID-19. The petition must include a statement explaining how the failure to respond to the USPTO communication was due to the effects of the COVID-19 outbreak. The petitions must be filed not later than two months of the issue date of the notice of abandonment or cancellation. If no notice is received, the applicant or owner has six months from the date the electronic records system indicates that the application is abandoned or the registration is cancelled and/or expired

When Extensions Will Not Apply

The USPTO has explicitly noted that no waivers or extensions of due dates or requirements set by statute will be granted. For trademarks this includes the 36-month deadlines to file a statement of use in a trademark application, deadlines for filing affidavits of continued use or excusable nonuse, deadlines for filing renewals and fees, and periods for filing opposition or cancellation proceedings.

This change demonstrates the USPTO’s reluctance to change statutory deadlines in light of the global pandemic. Clients should remain aware of these statutory trademark deadlines that will not be extended by the USPTO.

●March 16　Source: www.natlawreview.com

The U.S. Patent and Trademark Office (USPTO) released a notice on March 16 about the effects of coronavirus. The USPTO is open for business but closed for public visits and in-person interviews. The coronavirus is considered to be an "extraordinary situation" for affected patent and trademark owners.

Acting within the Patent and Trademark statutes, the USPTO is waiving petition fees in certain situations for customers impacted by the coronavirus. It is important to note that the notice does not grant waivers or extensions of dates or requirements set by statute. The USPTO is waiving the fee requirements when reviving an abandoned patent or trademark, if the abandonment was caused by effects of the outbreak.

However, the USPTO is not granting waivers or extensions for dates or requirements set by statute, and therefore the following are not extendable by the petition:

For Patents

●the one-year deadlines to file Utility Patents based on Provisional or Foreign Applications

●the deadline requirements for filing Continuation, Continuation In Part or Divisional Applications

●the three-month deadline to pay an issue fee

●deadlines to file reexamination proceedings

For Trademarks

●all post registration renewals and deadlines

●deadlines to file statement of use or extension requests for pending Intent to use applications

●the deadline to file opposition or cancellation proceedings

●March 31　Source: www.mondaq.com

The USPTO has announced that, out of "an abundance of caution," all USPTO offices will be closed to the public beginning Monday, March 16, 2020, until further notice. The USPTO previously announced that all in-person meetings with members of the public would be conducted remotely instead, including all examiner interviews, PTAB/TTAB hearings, and similar meetings. Nevertheless, and while the USPTO always encourages electronic filing, we have confirmed that documents still can be filed by "hand carry" delivery to the Customer Service Window in the Randolph Building at 401 Dulany Street, in Alexandria, Virginia.

Deadlines, including new and existing patent and trademark application, prosecution, and PTAB deadlines, are not extended. However, the USPTO "considers the effects of the Coronavirus outbreak" to be an "extraordinary situation" within the meaning of 37 CFR 1.183 and 37 CFR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners, and will waive the fee for certain petitions to revive if the delay in filing the reply that led to the abandonment was "due to the effects of the Coronavirus outbreak."

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Federal District Courts

●March 31　Source: www.mondaq.com

Federal district courts are limiting public access and many are postponing hearings and even trials based on advice from state and local health officials.

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Federal Circuit

●March 31　Source: www.mondaq.com

As stated in a public advisory and administrative order issued March 16, 2020, the Federal Circuit has restricted access to the National Courts Building complex in order to protect the safety and health both of court staff and the public. The only public access permitted will be counsel and parties with scheduled in-person hearings and members of the press with media credentials. Even for those people, access will be limited to the lobby, courtroom, reception area, public corridors, and attorney lounge areas.

The order does not alter or extend any deadlines, and will remain in effect until amended or rescinded. The court previously limited in-person hearings to those in which counsel is local to the National Capitol area, and either canceled other hearings or changed them to be telephonic. Documents to be delivered to or filed with the court may be submitted by mail or deposited in the court's night box located at the garage entrance on H Street NW, between 15th Street and Madison Place, Washington, D.C.

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