Key Takeaways From Passage of the 2020 CARES Act

As the global coronavirus pandemic has caused frustrating and worrisome delays at the USPTO, the CARES Act provides much needed relief, as it has granted USPTO Director Andrei Iancu with the necessary power to:

• waive certain fees;

• modify or extend deadlines related to filing, appearances, renewals; and

• continue to use such expanded powers at his discretion for a designated time beyond the end of the crisis period.

Empowering the USPTO Director

The passage of the U.S. Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed earlier this month, grants the Director of the U.S. Patent and Trade Office (USPTO), Director Andrei Iancu, much needed authority to affect change in the USPTO as needed to keep the USPTO operating without unfairly punishing parties adversely impacted by the coronavirus pandemic.

Specifically, the 2020 CARES Act grants the USPTO expanded powers during times of emergency and crisis.  Specifically, the CARES Act allows Director Iancu to affect change previously prohibited by statutory law.  For example, Director Iancu may now extend, modify, toll, and adjust deadlines as necessary to avoid the lapse of rights or unfair prejudice towards applicants, registrants, brand owners, and any party appearing before the USPTO.  In essence, the USPTO may now make significant changes to deadlines and fees and take any reasonable measure needed to keep the USPTO's functioning at its core.  

Expanded Powers Given, But Must Be Made Public

While the CARES Act is a welcome reprieve for the USPTO, the USPTO is still required to make public any determinations made during this period.  Moreover, the CARES Act goes one step further by allowing the USPTO to continue using its expanded power beyond the statutory end of the emergency period, as declared by the federal government, if necessary. 

Specifically, if the USPTO requires even more time, or more than 120 days from the end of the emergency period, the USPTO Director must then publish and submit a statement to Congress that explains and summarizes the actions taken during the extension and why it was needed. Despite this increased burden on the USPTO, the expanded power granted to the USPTO is still a welcome development for the USPTO and affected parties alike.

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