USPTO Extends Certain PTAB Trial Due Dates Pursuant to CARES Act

The USPTO announced the following relief in AIA trial proceedings before the Patent Trial and Appeal Board (“PTAB”) pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed on March 27, 2020:

(a) Upon a request stating that a filing due between March 27, 2020 and April 30, 2020 was or may be delayed due to the coronavirus outbreak, the PTAB shall provide a 30-day extension for:

i. A request for rehearing under 37 C.F.R. §§ 41.125(c), 41.127(d), or 42.71(d);

ii. A petition to the Chief Judge under 37 C.F.R. § 41.3; or

iii. A patent owner preliminary response under 37 C.F.R. §§ 42.107 or 42.207, or any related responsive filings.

(b) If an extension under (a)(iii) is granted, the PTAB may also extend the deadlines provided in 35 U.S.C. §§ 314(b) and 324(c).

For all other situations, parties may request extensions of time due to the coronavirus outbreak by contacting the PTAB by phone at 571-272-9797 or by email at Trials@uspto.gov.

Update: the USPTO released Frequently Asked Questions and Answers regarding the CARES Act extensions of time.  A link to the FAQs can be found here. The USPTO will continue to update the FAQs as needed with this evolving situation.