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The U.S. Patent and Trademark Office (USPTO) announced special accommodations for patent and trademark applicants, patentees, reexamination parties, and registered trademark owners affected by the severe earthquake that struck Japan on July 28, 2026. The USPTO considers the effects of the earthquake to be an “extraordinary situation” under 37 C.F.R. 1.183, 2.146(a)(5), and 2.148.
Among other accommodations, qualifying patent applicants and reexamination parties may request that the USPTO restart the time period for responding to certain Office communications. The USPTO is also providing relief from certain petition fees and surcharges involving abandoned applications, delayed maintenance fee payments, missing filing requirements, delayed benefit or priority claims, and restoration of priority. Relief may also be available in proceedings before the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board.
The relief is not automatic, and the requirements and procedures vary depending on the particular filing or proceeding. In many instances, an affected party must act promptly and include a copy of the USPTO notice with its request. Importantly, the notice does not waive or extend deadlines or requirements established by statute.
More information is available here in the USPTO’s Official Gazette Notice. Our thoughts are with all those affected by the earthquake.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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