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US Patent Office Allows Late Filing of a Non-Provisional Patent Application After Provisional Patent Application Expiration, for COVID-19 Coronavirus Affected Inventors

Thoughts to Paper - June 15, 2020

You can now file a non-provisional patent application after your provisional patent application has expired, by July 31, 2020 or within 2 months from when your provisional patent application expired, if you have been affected by COVID-19.

If your provisional patent application expired and you did not file a non-provisional patent application as a result of being affected by COVID-19, you can now file the non-provisional patent application late, by the later of:
A) July 31, 2020 or
B) 2 months from when your provisional patent application expired

This relief applies if your provisional patent application expired or expires between March 27, 2020 and July 30, 2020

Note: You must have been personally affected by COVID-19
To qualify for late filing, you must have been personally affected by COVID-19. You cannot take advantage of the relief simply because COVID-19 exists. You qualify for relief if you have been affected by one of these reasons: office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered with timely filing or payment to USPTO. If you have not been affected by COVID-19, you must continue to meet all patent deadlines.

Thoughts to Paper is fully operational during the COVID-19 pandemic. If you qualify for late filing of a patent application, Thoughts to Paper will also waive its legal fees to request late filing of the patent application.

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