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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 an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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