The recently enacted Coronavirus Aid, Relief, and Economic Security (“CARES”) Act contains a little-known provision to protect inventors during the ongoing COVID-19 pandemic.  Section 12004 of the CARES Act grants the U.S. Patent and Trademark Office (“USPTO”) director the temporary authority to “toll, waive, adjust, or modify, any timing deadline” established by federal patent or trademark laws and regulations during the “emergency period”—from the date of enactment of the CARES Act through May 18, 2020, 60 days after the end of the COVID-19 national emergency that President Trump declared on March 13, 2020.

The USPTO may exercise its CARES Act authority only after determining that the COVID-19 crisis: (1) materially affects the functioning of the USPTO; (2) prejudices the rights of applicants, registrants, patent owners, or others appearing before the USPTO; or (3) prevents applicants, registrants, patent owners, or others appearing before the USPTO.

On March 31, 2020, the USPTO announced that it was using its CARES Act powers to extend “the time allowed to file certain patent and trademark-related documents and to pay certain required fees.”  In doing so, USPTO Director Andrei Iancu noted that “[i]nventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of the effects of COVID-19.”

The USPTO’s CARES Act Notice specifies that the due date for any of 12 specific types of patent application and reexamination proceeding documents and fees due between March 27, 2020 and April 30, 2020 will be extended for 30 days.  Filers must provide a statement with their late filing that the delay was due to the COVID-19 outbreak.  The Notice provides detailed guidance regarding the specific circumstances in which a filing delay will be deemed to be “due to the COVID-19 outbreak.”

The Notice also provides similar 30-day deadline extensions for three types of Patent Trial and Appeal Board (“PTAB”) filings, along with related instructions regarding PTAB proceedings.  Finally, it is important to note that several of the extensions discussed above are only available to “small and micro entities,” as detailed in the Notice.

To help patent owners, applicants, and others understand and interpret this Notice, the PTO has created separate Frequently Asked Questions page for patents related to the COVID-19 deadline extensions.

Apart from these actions taken pursuant to the CARES Act, the PTO also previously announced that it will waive the fee “for petitions to revive applications that became abandoned because applicants could not meet the deadline for responding to an Office communication due to the COVID-19 outbreak” and will waive the requirement for an original handwritten signature for certain correspondence.

Photo of Holly Fechner Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of…

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

Develop compelling public policy strategies
Research law and draft legislation and policy
Draft testimony, comments, fact sheets, letters and other documents
Advocate before Congress and the Executive Branch
Form and manage coalitions
Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, “Dealmaker of the Year” award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USA – America’s Leading Business Lawyers from 2012 to the present. One client noted to Chambers: “Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters.” According to another client surveyed by Chambers, “Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone’s best work.”

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Photo of Matthew Shapanka Matthew Shapanka

Matthew Shapanka practices at the intersection of law, policy, and politics, developing strategies to guide businesses facing complex legislative, regulatory, and investigative matters. Matt draws on more than 15 years of experience across Capitol Hill, private practice, state government, and political campaigns to…

Matthew Shapanka practices at the intersection of law, policy, and politics, developing strategies to guide businesses facing complex legislative, regulatory, and investigative matters. Matt draws on more than 15 years of experience across Capitol Hill, private practice, state government, and political campaigns to advise clients on leading-edge policy issues involving artificial intelligence, semiconductors, connected and autonomous vehicles, and other critical and emerging technologies.

Matt works with clients to develop and execute complex public policy initiatives that involve legal, political, and reputational risks. He regularly assists clients to:

Develop public policy strategies
Draft federal and state legislation and regulations
Analyze legislation, regulations, and other government initiatives
Craft testimony, regulatory comments, fact sheets, letters and other advocacy materials
Prepare company executives and other witnesses to testify before Congress, state legislatures, and regulatory bodies
Represent clients before Congress, the White House, federal agencies, state legislatures, and state regulatory agencies
Build and manage policy advocacy coalitions

He advises clients across multiple policy areas, including matters involving regulation of critical and emerging technologies like artificial intelligence, connected and autonomous vehicles, and semiconductors; national security; intellectual property; antitrust; financial services technologies (“fintech”); food and beverage regulation; COVID-19 pandemic response and recovery; and election administration and campaign finance.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration, where he advised Chairwoman Amy Klobuchar (D-MN) on all legal, policy, and oversight matters before the Committee. Most significantly, Matt staffed the Committee in passing the Electoral Count Reform Act – a landmark bipartisan law that updates the procedures for certifying and counting votes in presidential elections—and the Committee’s bipartisan joint investigation (with the Homeland Security Committee) into the security planning and response to the January 6, 2021 attack on the Capitol.

Both in Congress and at Covington, Matt has prepared dozens of corporate and nonprofit executives, academics, government officials, and presidential nominees for testimony at congressional committee hearings and depositions. He is a skilled legislative drafter who has composed dozens of bills and amendments introduced in Congress and state legislatures, including several that have been enacted into law across multiple policy areas. Matt also leads the firm’s state policy practice, advising clients on complex multistate legislative and regulatory matters and managing state-level advocacy efforts.

In addition to his policy work, as a member of Covington’s nationally recognized (Chambers Band 1) Election and Political Law Practice Group, Matt advises and represents clients on the full range of political law compliance and enforcement matters, including:

Federal election, campaign finance, lobbying, and government ethics laws
The Securities and Exchange Commission’s “Pay-to-Play” rule
Election and political laws of states and municipalities across the country

Before law school, Matt served in the administration of former Governor Deval Patrick (D-MA), where he worked on policy, communications, and compliance matters for federal economic recovery funding awarded to the state. He has also staffed federal, state, and local political candidates in Massachusetts and New Hampshire.

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Photo of Lucas Moench Lucas Moench

Lucas Moench is an experienced and versatile litigator who has represented clients in all stages of litigation from pre-complaint diligence and complaint drafting through fact and expert discovery, dispositive motions practice, trial, appeal, and settlement.

Lucas has represented plaintiffs, defendants, and third parties…

Lucas Moench is an experienced and versatile litigator who has represented clients in all stages of litigation from pre-complaint diligence and complaint drafting through fact and expert discovery, dispositive motions practice, trial, appeal, and settlement.

Lucas has represented plaintiffs, defendants, and third parties in state and federal trial, intermediate appellate, and supreme courts and before state and federal administrative agencies. Lucas has particularly deep experience representing complainants and respondents in fast-paced Section 337 investigations before the International Trade Commission in both patent and trade secrets disputes. He has also litigated matters involving administrative law, products liability, insurance defense, and complex commercial disputes, among other topics.

Lucas has participated in countless depositions, examined half a dozen witnesses at trial, and argued both evidentiary and dispositive motions in court. Most notably, Lucas recently provided oral argument in the U.S. Court of Appeals for the D.C. Circuit, obtaining a 3-0 victory for his clients reversing an adverse district court ruling.

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