What happens if a suspension of action expires during a national emergency?
What happens if a suspension of action expires during a national emergency?
During a national emergency, such as the COVID-19 pandemic, the USPTO may provide additional flexibility regarding suspensions of action. According to MPEP 709, ‘In extraordinary situations, such as when the Director declares an emergency or a disaster, the Director or designee may permit deviations from the procedures set forth in this section.’ This could potentially include extending suspensions that expire during the emergency period. However, applicants should monitor USPTO notices and consult with a patent attorney for the most current guidance in such situations.
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