For COVID-19 updates, see atmac.ca/coronavirus.

Special COVID-19 Notices

Last update: August 21, 2020

ATMAC - No in-person client meetings

We are open and ready to assist you. However, until the COVID-19 pandemic is resolved and the government lifts the social distancing recommendations, there are a few changes to our business operations:

  • We will not be doing any in-person client meetings.
  • All patent clarity sessions, meetings and other consultations will be conducted over the phone or online utilizing video conferencing software such as Teams or Skype.

Canadian Intellectual Property Office (CIPO)

CIPO is open and in operation, but is still informing the public to expect delays in CIPO services as workplace restrictions are eased.

  • Most deadlines due within the period from March 16, 2020 to August 28, 2020 have now been extended to August 31, 2020. See CIPO's Update Notice published Aug. 19, 2020.
  • CIPO has indicated this will be the final extension to the period of designated days. As the restrictions related to COVID-19 gradually ease, the designated days period will not be extended beyond August 28, 2020.
  • Current CIPO notices related to COVID-19 are found at http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04767.html.

United States Patent and Trademark Office (USPTO)

The USPTO recognizes that the COVID-19 outbreak is an emergency situation and are offering some relief:

  • For small and micro entities only, any:

    a) basic filing fee, search fee, examination fee, and late filing surcharge (37 CFR § 1.16(f), 1.16(g), or 1.492(h)) due in reply to an Office notice issued during pre­examination processing;

    b) basic national fee;

    c) issue fee; or

    d) maintenance fee;

    due between, and inclusive of both, March 27, 2020, and September 29, 2020, will be considered timely if paid on or before September 30, 2020, provided that the payment is accompanied by a statement that the delay in payment was due to the COVID-19 outbreak. See the USPTO's Update Notice dated June 29, 2020.
  • For all entity sizes:

    Petition to revive
    The USPTO is further waiving the petition to revive fee for applications that became abandoned on or before June 30, 2020, provided that the delay in filing or payment was due to the COVID-19 outbreak. The applicant must submit a statement to that effect. Again, see the Notice of Extended Waiver published April 28, 2020 and the USPTO's Update Notice dated May 27, 2020.

    To be eligible for the waiver of the petition fee, the petition to revive must be filed by July 31, 2020. See the USPTO's Update Notice dated June 29, 2020.

    Restoration of priority
    For any non-provisional application seeking priority of a prior-filed application for which the 12-month filing deadline ended between, and inclusive of both, March 27, 2020, and July 30, 2020, the USPTO will:

    (1) permit restoring the right of priority to run until the later of:

    (a) July 31, 2020; or

    (b) the expiration of the regular two-month period for restoring priority; and

    (2) waive the petition fee for restoring priority.

    The applicant must file a petition to restore priority and a statement that the failure to timely file the application was due to the COVID-19 outbreak as defined in the USPTO's notice of April 28, 2020. See the Notice relating to restoration of priority published June 12, 2020.
  • Prior relief for large entities:

    Some deadlines due within the period from March 27, 2020 to May 31, 2020 are extendable to June 1, 2020, provided that the delay in filing or payment was due to the COVID-19 outbreak. The applicant must submit a statement to that effect. See the USPTO's Notice of Extended Waiver published April 28, 2020.

    After May 31, 2020, large entities need to seek relief on a case-by-case basis, through the filing of a petition for an extension of time or a petition to revive, accompanied by any required fee. See the USPTO's Update Notice dated May 27, 2020.
  • Prior relief for small and micro entities only:

    Filings that would have been deemed timely filed if filed by June 1, 2020 pursuant to the CARES Act Notice dated April 28, 2020, will now be deemed timely filed if filed by July 1, 2020. See the USPTO's Update Notice dated May 27, 2020.
  • Current USPTO notices related to COVID-19 are found at www.uspto.gov/coronavirus.

Please note - the COVID-19 situation is very fluid, and changes come every day. The above information is subject to change at any time as the various government agencies dynamically respond to the global crisis.

Stay safe everyone!

- Andrew MacMillan

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