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USPTO Clarifies Relief Provided under CARE Act

USPTO provides additional guidance for taking advantage of the patent related deadline extension available under CARE Act.  To seek the extension, the patent applicants will need to submit a statement explaining that the delay in filing or making a payment was due to the COVID-19 outbreak.  Such statements should not be made blindly.  They constitute a certification under 37 CFR § 11.18(b).  Violations of 37 CFR § 11.18(b) may be subject to sanctions pursuant to 37 CFR § 11.18(c).

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About the Author

Babak Akhlaghi is a registered patent attorney and the Managing Director of NovoTech Patent Firm, where he helps technology companies build investor‑grade patent portfolios that support fundraising, defensibility, and long‑term competitive advantage. His practice centers on patent strategy, portfolio architecture, and high‑leverage drafting for companies developing AI, machine learning, quantum computing, advanced software‑driven systems, robotics, and other emerging technologies.

Babak is also a permanent Adjunct Professor at the University of Maryland, where he teaches Legal Aspects of Entrepreneurship, bringing real‑world IP strategy experience directly into the academic environment.

He is a co‑author of the Patent Applications Handbook, published annually by West Publications (Clark Boardman Division) since 1992, and widely used by practitioners as a technical and procedural reference.

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