| 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) |
(63) Relief Available to Patent and Trademark Applicants, Patentees,
Reexamination Parties, and Registered Trademark Owners Affected by the
Severe Earthquake impacting Türkiye and Syria
"On behalf of the United States Patent and Trademark Office (USPTO), I
want to express our deepest condolences for the damage, injury, and loss of
life that impacted the people of Türkiye and Syria as a result of the
recent earthquake," remarked USPTO Director Kathi Vidal.
The United States Patent and Trademark Office (USPTO or Office)
considers the effects of the severe earthquake in Türkiye near the border
with Syria that occurred on February 6, 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 severe
earthquake in Türkiye 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 February 6, 2023,
having one or more inventors, an assignee, or a correspondence address in
the areas of Türkiye and Syria affected by the severe earthquake, 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 February 6, 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 severe earthquake in Türkiye. 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 February 6,
2023, were unable to timely reply to an Office communication due to the
effects of the severe earthquake in Türkiye, 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 severe
earthquake in Türkiye, 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
 Top of Notices (63) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 105 |
37 CFR 1.17(m) due to the effects of the severe earthquake in Türkiye, 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
August 7, 2023, 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 severe earthquake in Türkiye 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 February 6, 2023, were unable to timely
pay a patent maintenance fee due to the effects of the severe earthquake in
Türkiye, 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 severe earthquake in Türkiye, 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 February 6, 2023, and the delay in
paying the fee wasdue to the effects of the severe earthquake in Türkiye.
The USPTO advises patentees who need to file a petition to accept a
delayed maintenance fee payment due to the effects of the severe earthquake
in Türkiye, where the maintenance fee payment was required to have been
paid on or after February 6, 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 severe earthquake in Türkiye, 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 February 6, 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
severe earthquake in Türkiye 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
February 6, 2023, and prior to March 7, 2023, without an executed
| Top of Notices (63) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 106 |
inventor's oath or declaration or payment of the basic filing fee, search
fee, and/or examination fee due to the effects of the severe earthquake in
Türkiye, 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 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 severe
earthquake in Türkiye, 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 February 6, 2023, were unable to
timely file a benefit claim under 37 CFR 1.78(a) or (d) due to the effects
of the severe earthquake in Türkiye, 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 February 6,
2023, were unable to timely file a priority claim under 37 CFR 1.55 due to
the effects of the severe earthquake in Türkiye, 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 severe earthquake in Türkiye, 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 severe
earthquake in Türkiye, 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 August 7, 2023, 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 severe earthquake in Türkiye
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 February 6, 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 severe earthquake in Türkiye, 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
| Top of Notices (63) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 107 |
on or after February 6, 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 severe earthquake in Türkiye,
the USPTO will waive the petition fee in 37 CFR 1.17(m) when the patent
applicant files a 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 severe
earthquake in Türkiye, 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 severe earthquake in Türkiye, 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 August 7, 2023, 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 severe earthquake
in Türkiye 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 February 6, 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 severe earthquake in Türkiye, 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 severe
earthquake in Türkiye, 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 severe earthquake in Türkiye, 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 August 7,
2023, 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
severe earthquake in Türkiye 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 severe earthquake
| Top of Notices (63) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 108 |
in Türkiye 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
For trademark applications and registrations with a correspondence or
owner address in the areas of Türkiye and Syria affected by the severe
earthquake as of February 6, 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
severe earthquake in Türkiye. The request should be sent via e-mail to
TMPolicy@uspto.gov with "Earthquake 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 Türkiye and Syria affected by the severe
earthquake as of February 6, 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 severe earthquake in Türkiye, 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 severe earthquake in Türkiye. 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 (ESTTA), must indicate that it is being made due to the effects of
the severe earthquake in Türkiye, 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
| Top of Notices (63) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 109 |
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.
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.
March 15, 2023 KATHERINE K. VIDAL
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1509 OG 151]