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May 27, 2020

Comments

Don:
I have a somewhat different reading of the Notice. It says:
"Specifically, for small and micro entities, filings that would have been deemed timely filed, if filed by June 1, 2020 pursuant to the CARES Act Notice dated April 28, 2020, will now be deemed timely filed if filed by July 1, 2020".
Suppose an office action has a due date of June 2. A response filed on June 1 would be timely filed for this deadline. Therefore, the date to respond is extended to July 1.
What is your analysis?

John:

Thanks for your comment. My reading of the USPTO's latest notice is that the Office has merely extended the applicable date of its original COVID-19-related extensions from June 1 to July 1, but ONLY for small and micro entities. Therefore, any deadlines for the actions specified in the Office's April 28 notice – again, ONLY for small and micro entities – that fall in June can be extended to July 1 with the submission of the required COVID-19 statement. I think that the omission of large entities from the latest round of extensions may be the reason why the notice was perhaps not as clear as the first two notices (at least to me).

Don

Don:
Well, that would be the expected interpretation, but how do you get there from the text the statement? What am I missing?
John

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