Innovation and the people that create, develop and produce those innovations are the life blood of the seed innovation. Unfortunately, the current COVID-19 epidemic has impacted the seed industry and the people that work in the industry in an untold number of ways, including development of innovations. Offices and labs have been closed and/or the number of people in these facilities have been reduced, and coupled with the economy in its current state, the ability to invest in and develop new innovation has been severely limited.
While investing and developing new seed related innovations has been impacted, the United States Patent and Trademark Office (USPTO) and other intellectual property offices worldwide have implemented various measures to help offset these issues and hopefully provide some encouragement for investing in new innovations.
On March 15, 2020, the USPTO closed its offices to the public; however, the next day, March 16, 2020, based on the expanded power of the USPTO Director in the $2 trillion Coronavirus Stimulus Bill, the USPTO began to implement a number of actions to help encourage or assist in the protection of innovations. Some of these measures include:
– Providing prioritized examination of patents applications related to COVID-19. This will be limited to 500 applications with the goal of providing a final disposition (allowance or a final rejection) within one year of filing of the application. *
– Waiving prioritized examination fees for small and micro entities with the goal of reaching a final disposition within six months of filing. These fees are on top of the regular application fees and range between $1,000 and $2,000. *
– Waiver of fees for revival of abandoned patents. In view of the current economic situation, the USPTO has taken steps to help inventors to be able to revive patents that may be been abandoned during the current epidemic. *
– Extending of deadlines, such as those for payment of issues fees and responses to office actions. Where a deadline fell between March 27 and May 31, 2020, those deadlines were extended until June 1, 2020. *
– Waiver of the requirement for original handwritten signatures. This measure allows for e-signatures such as /Jon Smith/. *
– Allowing electronic filing of plant patent applications. Until this change was implemented in May of 2020, the USPTO required all plant patent applications to filed by mail. *
* Please contact your patent counsel for more information.
Internationally, a number of countries found themselves at various times impacted at different levels by the COVID-19 epidemic. Consequently, a number of governments closed their intellectual property offices and/or offered extended deadlines:
– Europe:
• European Patent Office extended deadlines falling on or after March 15until June 2; and
• Renewals due between June 1 and August 31 may be delayed without penalty (please contact your European counsel for further details).
– Canada:
• The Canadian Patent Office extended deadlines falling between March 16 and July 3, 2020 (please contact your Canadian counsel for further details).
– Mexico
• Mexico Institute of Intellectual Property has also issued an extension for deadlines falling between March 24 and May 30, 2020 (please contact your Mexico counsel for further details).
