Chris Halliday, left, and Dion Bregman of Morgan, Lewis & Bockius (courtesy photos)
The $2.5 trillion CARES Act signed into law by President Donald Trump on Friday to distribute coronavirus relief seemingly has something for everyone, including even the U.S. Patent and Trademark Office. The law gives Andrei Iancu, the director of the U.S. Patent and Trademark Office, the discretion to “toll, waive, adjust, or modify” any deadline established by the Patent Act, the America Invents Act and the Trademark Act during the period of national emergency (plus an extra two months). The director would merely have to declare that the COVID-19 emergency materially affects the functioning of the office; prejudices the right of applicants, registrants or patent owners; or prevents applicants, registrants or patent owners from filing a document or a fee with the office.
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