| Mail Issues, Office Closures, Postal Emergencies, etc. |
Referenced Items (6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127) |
(62) Relief Available to Patent and Trademark Applicants, Patentees,
Reexamination Parties, and Registered Trademark Owners
Affected by the Wildfires in Hawai'i
The United States Patent and Trademark Office (USPTO or Office)
expresses its deepest condolences for the damage, injury, and loss of life
that impacted the people of Maui as a result of the recent wildfires. The
USPTO considers the effects of the wildfires in Hawai'i that began on
August 8, 2023, to be an "extraordinary situation" within the meaning of
37 CFR 1.183, 2.146(a)(5), and 2.148 for affected patent and trademark
applicants, patentees, reexamination parties, and registered trademark
owners.
Patent-Related Correspondence-Time Periods for Reply
Patent applicants and reexamination parties affected by the wildfires in
Hawai'i may request that the USPTO restart the time period for reply set in
an Office communication. For patent applications and reexamination
proceedings pending in the USPTO as of August 8, 2023, having one or more
inventors, an assignee, or a correspondence address in the areas of Hawai'i
affected by the wildfires, in which a reply to an Office communication is
outstanding, and for which the statutory or non-statutory time period set
for reply has not yet expired, the USPTO will, on an applicant's or a
reexamination party's request, restart the time period for reply set in the
Office communication. The USPTO may restart the time period for reply by
either withdrawing and reissuing the Office communication or sending a
notice stating that the time period for reply to the Office communication
is being restarted. The Office communication must have been outstanding on
August 8, 2023. The request must be made prior to the expiration of the
statutory or non-statutory time period set for reply and within sufficient
time so that the USPTO can restart the time period for reply to the Office
communication prior to the expiration of the statutory or non-statutory
time period (as permitted to be extended under 37 CFR 1.136(a), or as
extended under 37 CFR 1.550(c) or 37 CFR 1.956). The request must be
accompanied by a copy of this notice in order to permit the USPTO to
quickly identify it as a request for relief and facilitate timely
processing. The inclusion of a copy of this notice will be treated as a
representation that the need to restart the time period for reply set in
the Office communication was due to the effects of the wildfires in
Hawai'i. The request should be sent via the USPTO's patent electronic
filing systems (EFS-Web or Patent Center) using document code PET.RELIEF or
by mail directed to Mail Stop Petition, Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313-1450. If necessary, updates to the
correspondence address of record should be provided to ensure receipt of
subsequent Office communications.
Patent-Related Correspondence-Petitions to Revive
For patent applicants or patent owners who, beginning on August 8, 2023,
were unable to timely reply to an Office communication due to the effects
of the wildfires in Hawai'i, which resulted in the application being held
abandoned or the reexamination prosecution being terminated or limited, the
USPTO will waive the petition fee in 37 CFR 1.17(m) when the patent
applicant or patent owner files the reply with a petition under 37 CFR
1.137(a). See 35 U.S.C. 41(a)(7). The inclusion of a copy of this notice
with the required reply to the outstanding Office communication will be
treated as a representation that the delay in filing the reply was due to
the effects of the wildfires in Hawai'i, and as a request that the Office
waive, at its own initiative, the petition fee under 37 CFR 1.17(m). The
USPTO advises any patent applicant or patent owner who seeks to file a
petition to revive under 37 CFR 1.137(a) with a request to waive the
petition fee under 37 CFR 1.17(m) due to the effects of the wildfires in
Hawai'i, to promptly file the petition under 37 CFR 1.137(a) accompanied by
the required reply (but not the petition fee under 37 CFR 1.17(m)) and a
copy of this notice. The petition under 37 CFR 1.137(a) must be filed by
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US PATENT AND TRADEMARK OFFICE |
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February 8, 2024, in order to be entitled to a waiver of the petition fee
under 37 CFR 1.17(m). A petition to revive under 37 CFR 1.137(a) due to the
effects of the wildfires in Hawai'i may be submitted via the USPTO's patent
electronic filing systems (EFS-Web or Patent Center) using document code
PET.RELIEF or by mail directed to Mail Stop Petition, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence-Payment of Maintenance Fees
For patentees who, beginning on August 8, 2023, were unable to timely
pay a patent maintenance fee due to the effects of the wildfires in
Hawai'i, the USPTO will waive: (1) the surcharge in 37 CFR 1.20(h) for
paying a maintenance fee during the six-month grace period following the
window to pay the maintenance fee, and (2) the petition fee in 37 CFR
1.17(m) for accepting a delayed maintenance fee payment when the patentee
files the maintenance fee payment with a petition to accept a delayed
maintenance fee under 37 CFR 1.378(b). See 37 CFR 1.183.
Patentees who seek to pay a maintenance fee during the six-month grace
period following the window to pay the maintenance fee with a request to
waive the surcharge in 37 CFR 1.20(h) must mail the payment and request to
Mail Stop Maintenance Fee, Director of the United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; or submit them
via facsimile to 571-273-6500.
The request must be accompanied by a copy of this notice in order to
permit the USPTO to quickly identify it as a request for relief and
facilitate timely processing. The inclusion of a copy of this notice with
the payment of the maintenance fee during the grace period will be treated
as a representation that the late payment of the fee was due to the effects
of the wildfires in Hawai'i, and as a request that the Office waive, at its
own initiative, the surcharge under 37 CFR 1.20(h). This waiver may only be
appropriately requested where the original window of time to pay the
maintenance fee without the surcharge required by 37 CFR 1.20(h) expired on
or after August 8, 2023, and the delay in paying the fee was due to the
effects of the wildfires in Hawai'i.
The USPTO advises patentees who need to file a petition to accept a
delayed maintenance fee payment due to the effects of the wildfires in
Hawai'i, where the maintenance fee payment was required to have been paid
on or after August 8, 2023, to promptly file a petition under 37 CFR
1.378(b), (using USPTO form PTO/SB/66, "Petition to Accept Unintentionally
Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)"),
accompanied by the applicable maintenance fee payment (but not the petition
fee under 37 CFR 1.17(m)) and a copy of this notice. The inclusion of a
copy of this notice will be treated as a representation that the delay in
payment of the maintenance fee was due to the effects of the wildfires in
Hawai'i, and as a request that the Office waive, at its own initiative, the
petition fee under 37 CFR 1.17(m). The petition must be filed by August 8,
2024, in order to be entitled to a waiver of the petition fee under 37 CFR
1.17(m). A petition to accept a delayed maintenance fee payment under
37 CFR 1.378(b) due to the effects of the wildfires in Hawai'i may be
submitted via the USPTO's patent electronic filing systems (EFS-Web or
Patent Center) using document code PET.RELIEF or by mail directed to Mail
Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA
22313-1450.
Patent-Related Correspondence-Late Submission of Inventor's Oath or
Declaration or Filing Fees
For patent applicants who filed a nonprovisional application on or after
August 8, 2023, and prior to September 9, 2023, without an executed
inventor's oath or declaration or payment of the basic filing fee, search
fee, and/or examination fee due to the effects of the wildfires in Hawai'i,
the USPTO will waive the surcharge set forth in 37 CFR 1.16(f) for the late
filing of the inventor's oath or declaration or basic filing fee, search
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1517 CNOG 100 |
fee, and/or examination fee. Patent applicants seeking a waiver of the
surcharge must include a copy of this notice, along with the executed
inventor's oath or declaration or the basic filing fee, search fee, or
examination fee, in order to permit the USPTO to quickly identify it as a
request for relief and facilitate timely processing. The inclusion of a
copy of this notice will be treated as a representation that the late
filing of the inventor's oath or declaration or the basic filing fee,
search fee, or examination fee was due to the effects of the wildfires in
Hawai'i, and as a request that the Office waive, at its own initiative, the
surcharge under 37 CFR 1.16(f). A reply to a Notice to File Missing Parts
requiring the inventor's oath or declaration or the filing fees (or other
notice stating that the executed inventor's oath or declaration has not
been received) may be submitted via the USPTO's patent electronic filing
systems (EFS-Web or Patent Center) using document code PET.RELIEF or by
mail directed to Mail Stop Missing Parts, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence-Petitions for Unintentionally Delayed
Domestic Benefit and Foreign Priority Claims
For patent applicants who, beginning on August 8, 2023, were unable to
timely file a benefit claim under 37 CFR 1.78(a) or (d) due to the effects
of the wildfires in Hawai'i, the USPTO will waive the petition fee in
37 CFR 1.17(m) when the patent applicant submits the benefit claim with the
appropriate petition under 37 CFR 1.78(c) or (e). See 35 U.S.C. 41(a)(7).
Similarly, for patent applicants who, beginning on August 8, 2023, were
unable to timely file a priority claim under 37 CFR 1.55 due to the effects
of the wildfires in Hawai'i, the USPTO will waive the petition fee in
37 CFR 1.17(m) when the patent applicant submits the priority claim with
the appropriate petition under 37 CFR 1.55(e). The inclusion of a copy of
this notice with a petition under 37 CFR 1.78(c), 1.78(e), or 1.55(e) will
be treated as a representation that the delay in filing the benefit or
priority claim and the need to file the petition was due to the effects of
the wildfires in Hawai'i, and as a request that the Office waive, at its
own initiative, the petition fee under 37 CFR 1.17(m). The USPTO advises
any patent applicant who seeks to file a petition under 37 CFR 1.78(c),
1.78(e), or 1.55(e) with a request to waive the petition fee under 37 CFR
1.17(m) due to the effects of the wildfires in Hawai'i, to promptly file
the petition under 37 CFR 1.78(c), 1.78(e), or 1.55(e) (but not the
petition fee under 37 CFR 1.17(m)) and a copy of this notice. The petition
under 37 CFR 1.78(c), 1.78(e), or 1.55(e) must be filed by February 8,
2024, in order to be entitled to a waiver of the petition fee under 37 CFR
1.17(m). A petition under 37 CFR 1.78(c), 1.78(e), or 1.55(e) due to the
effects of the wildfires in Hawai'i may be submitted via the USPTO's patent
electronic filing systems (EFS-Web or Patent Center) using document code
PET.RELIEF or by mail directed to Mail Stop Petition, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence-Petitions for Restoration of Domestic Benefit
and Foreign Priority Claims
For patent applicants who are filing or have filed a nonprovisional
application on or after August 8, 2023, who meet the requirements for
restoration of the right to claim the benefit of a provisional application,
and who missed the 12-month time period under 35 U.S.C. 119(e) due to the
effects of the wildfires in Hawai'i, the USPTO will waive the petition fee
in 37 CFR 1.17(m) when the patent applicant files a petition under 37 CFR
1.78(b) to restore the benefit of a provisional application. See 35 U.S.C.
41(a)(7). The nonprovisional application must have been filed within two
months from the expiration of the 12-month time period. For patent
applicants who are filing or have filed a nonprovisional application on or
after August 8, 2023, who meet the requirements for restoration of the
right of priority, and who missed the 12-month time period under 35 U.S.C.
119(a) (or the six-month time period under 35 U.S.C. 172 in a design
application) due to the effects of the wildfires in Hawai'i, the USPTO will
waive the petition fee in 37 CFR 1.17(m) when the patent applicant files a
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1517 CNOG 101 |
petition under 37 CFR 1.55(c) to restore the right of priority. Note that
the nonprovisional application must have been filed within two months from
the expiration of the 12-month time period (or six-month time period in a
design application). The inclusion of a copy of this notice with a petition
under 37 CFR 1.78(b) or 1.55(c) will be treated as a representation that
the delay in filing the nonprovisional application and the need to file the
petition was due to the effects of the wildfires in Hawai'i, and as a
request that the Office waive, at its own initiative, the petition fee
under 37 CFR 1.17(m). The USPTO advises any patent applicant who seeks to
file a petition under 37 CFR 1.78(b) or 1.55(c) with a request to waive the
petition fee under 37 CFR 1.17(m) due to the effects of the wildfires in
Hawai'i, to promptly file the petition under 37 CFR 1.78(b) or 1.55(c) (but
not the petition fee under 37 CFR 1.17(m)) and a copy of this notice. The
petition under 37 CFR 1.78(b) or 1.55(c) must be filed by February 8, 2024,
in order to be entitled to a waiver of the petition fee under 37 CFR
1.17(m). A petition under 37 CFR 1.78(b) or 1.55(c) due to the effects of
the wildfires in Hawai'i may be submitted via the USPTO's patent electronic
filing systems (EFS-Web or Patent Center) using document code PET.RELIEF or
by mail directed to Mail Stop Petition, Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313-1450.
Patent-Related Correspondence-Petitions for Restoration in International
Applications
For patent applicants who are filing or have filed an international
application on or after August 8, 2023, who meet the requirements for
restoration of the right of priority under Patent Cooperation Treaty Rule
26 bis.3 to an earlier application, and who missed the 12-month priority
period due to the effects of the wildfires in Hawai'i, the USPTO will waive
the petition fee in 37 CFR 1.17(m) when the patent applicant files a
petition under 37 CFR 1.452 to restore the right of priority. Note that the
international application must have been filed within two months from the
expiration of the 12-month priority period. The inclusion of a copy of this
notice with a petition under 37 CFR 1.452 will be treated as a
representation that the delay in filing the international application and
the need to file the petition was due to the effects of the wildfires in
Hawai'i, and as a request that the Office waive, at its own initiative, the
petition fee under 37 CFR 1.17(m). The USPTO advises any patent applicant
who seeks to file a petition under 37 CFR 1.452 with a request to waive the
petition fee under 37 CFR 1.17(m) due to the effects of the wildfires in
Hawai'i, to promptly file the petition under 37 CFR 1.452 (but not the
petition fee under 37 CFR 1.17(m)) and a copy of this notice. The petition
under 37 CFR 1.452 must be filed by February 8, 2024, in order to be
entitled to a waiver of the petition fee under 37 CFR 1.17(m). A petition
under 37 CFR 1.452 due to the effects of the wildfires in Hawai'i may be
submitted via the USPTO's patent electronic filing systems (EFS-Web or
Patent Center) using document code PET.RELIEF or by mail directed to Mail
Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
Patent-Related Correspondence-Contact Information
Patent-related inquiries concerning this notice may be directed to the
Office of Patent Legal Administration at 571-272-7704 (571-272-7703 for
reexamination) or PatentPractice@uspto.gov.
Patent Trial and Appeal Board-Related Correspondence
For proceedings before the Patent Trial and Appeal Board (PTAB), a
request for an extension of time where the effects of the wildfires in
Hawai'i have prevented or interfered with a filing before the Board can be
made by contacting the PTAB at 571-272-9797 or by email at Trials@uspto.gov
(for AIA trials), PTAB_Appeals_Suggestions@uspto.gov (for PTAB appeals),
or InterferenceTrialSection@uspto.gov (for interferences).
Trademark-Related Correspondence
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For trademark applications and registrations with a correspondence or
owner address in the areas of Hawai'i affected by the wildfires as of
August 8, 2023, in which an Office action (final, non-final, post-
registration, or other), a notice of allowance, or other Office notice
requiring a response (collectively referred to as "Office communication" in
this notice) is outstanding, the USPTO will, upon written request, withdraw
the Office communication and reissue it with a new response period. The
request must be made prior to the deadline for responding to the Office
communication and must indicate that the need for the reissuance of the
Office communication is due to the effects of the wildfires in Hawai'i. The
request should be sent via e-mail to TMPolicy@uspto.gov with "Wildfires
Relief" in the subject line and should include the serial number or
registration number. Updates to the correspondence information of record
must be provided using the Trademark Electronic Application System (TEAS)
"Change Address or Representation (CAR) form" to ensure receipt of
subsequent Office communications.
For trademark applications and registrations with a correspondence or
owner address in the areas of Hawai'i affected by the wildfires as of
August 8, 2023, that were abandoned or canceled due to the inability to
timely respond to a trademark-related Office communication due to the
effects of the wildfires in Hawai'i, the USPTO will refund the petition fee
to revive the abandoned application or reinstate the canceled registration.
The TEAS "Petition to Revive Abandoned Application" form should be used to
request the revival of an abandoned application, and the "Petition to
Director" form should be used to request the reinstatement of a canceled
registration. The petition must include a statement that the failure to
respond to the Office communication was due to the effects of the wildfires
in Hawai'i. The petition fee is required in order to submit the TEAS form,
but it will be refunded if a request is sent to TMPolicy@uspto.gov.
Trademark-Related Correspondence-Contact Information
Trademark-related inquiries concerning this notice may be directed to
TMPolicy@uspto.gov.
Trademark Trial and Appeal Board-Related Correspondence
For applications or registrations involved in a proceeding before the
Trademark Trial and Appeal Board (TTAB), a request (in ex parte appeals) or
a motion (for trial cases) may be filed for an extension or reopening of
time, or a suspension of proceedings, as appropriate. The request or motion
must be filed using the TTAB's Electronic System for Trademark Trials and
Appeals, must indicate that it is being made due to the effects of the
wildfires in Hawai'i, and must provide any other information available in
support of the request or motion.
General Information Regarding Patent-Related and Trademark-Related
Statutory Time Periods and Requirements
This notice does not grant waivers or extensions of dates or
requirements set by statute. For example, the following patent-related time
periods or requirements are not extended or waived: (1) the period set
forth in 35 U.S.C. 119(a)-(d) to file a nonprovisional patent application
claiming the benefit of a prior-filed foreign application; (2) the period
set forth in 35 U.S.C. 119(e) during which a nonprovisional application
claiming the benefit of a prior filed provisional application must be filed
in order to obtain the benefit of the provisional application's filing
date; (3) the copendency requirement of 35 U.S.C. 120 between a parent
application that issues as a patent and a later filed child application,
which requires that the child application be filed prior to the issuance of
the parent application; (4) the three-month time period to pay the issue
fee set forth in 35 U.S.C. 151; and (5) the 35 U.S.C. 304 two-month time
period from the date of patentee service, for a requester to file, in an
ex parte reexamination, a reply to a statement filed by the patentee.
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The following statutory trademark-related time periods are not extended,
and statutory fees are not waived: (1) the 36-month period set forth in
15 U.S.C. 1051(d) within which a statement of use must be filed, and the
associated fee(s); (2) the periods set forth in 15 U.S.C 1058 and 1141(k)
for filing affidavits of continued use or excusable nonuse, and the
associated fee(s); (3) the period set forth in 15 U.S.C. 1059 for filing a
renewal, and the associated fee(s); (4) the period set forth in 15 U.S.C.
1063 for filing an extension of time to oppose, which must be filed prior
to the expiration of the 30-day period after publication; and (5) the
periods set forth in 15 U.S.C 1063 and 1064 for filing an opposition or
cancellation proceeding at the TTAB.
September 18, 2023 KATHERINE K. VIDAL
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1515 OG 199]