COVID-19

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USPTO to Defer Fees on COVID-19-related Provisional Patent Applications

On September 16, 2020, the United States Patent and Trademark Office (USPTO) announced a new pilot program for COVID-19 related inventions. The new program allows for the deferral of filing fees for provisional patent applications directed to a product or process related to COVID-19, where the product or process requires Food and Drug Administration (FDA) … Continue Reading

USPTO Again Extends Certain Patent and Trademark Deadlines in Response to COVID-19

The United States Patent and Trademark Office (“USPTO”) has announced further COVID-19 relief by extending time periods to file patent and trademark related documents and providing waivers for the payment of certain fees. The USPTO has twice previously provided extensions of deadlines and fee waivers, as outlined here, here and here. Recognizing the continued hardships … Continue Reading

COVID-19’s Impact on Section 337 Investigations at the U.S. International Trade Commission (Part I)

Like many other Federal Agencies and U.S. District Courts, the U.S. International Trade Commission (“ITC”) is open for business during the COVID-19 crisis, but on a limited basis. Modifications to the ITC’s business began on March 17, 2020. On May 14, 2020, the ITC’s COVID-19 Action Plan was extended through July 10, 2020. Although limited … Continue Reading

Update: Recent International Activity on IP in Response to COVID-19

As previously blogged, even before potential treatments could yield results in trials, relevant stakeholders quickly pushed their respective (and, in most cases, expected) positions relating to the balance between IP rights and access. Back in April, the World Health Organization announced support for an IP pool proposal relating broadly to COVID-19. Offered by Costa Rica, the proposal … Continue Reading

Coronavirus Disrupts Industry Meetings but Innovation Continues

The last several months have presented new and formidable challenges for virtually every industry in light of COVID-19. Among these challenges are what to do about the various industry meetings and conferences that are used for networking, introducing new ideas, securing supply/distribution contracts, and developing technology standards. These types of events have historically been held … Continue Reading

No Excuses: Remote Depositions Required in the Age of COVID-19

Today’s litigators are advocates and strategists, excelling in the application of rules, the art of negotiation, and the power of oral argument, and they use these tools to achieve the best possible outcomes for their clients. In the age of COVID-19, with stay-at-home orders in effect across much of the nation, litigators may have lost … Continue Reading

USPTO Allows Electronic Filing of Plant Patent Applications Due to COVID-19 Outbreak

Since March 2020, the United States Patent and Trademark Office (“USPTO”) has announced numerous types of relief in view of the coronavirus (“COVID-19”) outbreak. As of May 6, relief will be offered to plant patent applicants. Typically, electronic filing of plant patent applications is not permitted. However, in the May 6th announcement, the USPTO indicated … Continue Reading

COVID-19 Prioritized Examination Pilot Program

On May 8, 2020, the United States Patent and Trademark Office (USPTO) began a Pilot Program to provide prioritized examination of patent applications of a product or process related to COVID-19 diagnosis or treatment. Examples of such patents include: an Investigational New Drug (IND) application, an Investigational Device Exemption (IDE), a New Drug Application (NDA), … Continue Reading

USPTO Extends Patent and Trademark Filing and Fee Deadlines Further in Response to COVID-19

Earlier this month, we provided posts here and here, outlining the United States Patent and Trademark Office’s (“USPTO”) announcement of the availability of certain deadline waivers to help patent and trademark applicants and owners file papers during the COVID-19 outbreak. The original notice granted a 30-day extension on certain deadlines falling between March 27 and … Continue Reading

Respirator Mask Price Gouging and Trademark Infringement? Not on 3M’s Watch

On April 10, 2020, 3M Co. sued an unauthorized vendor for attempting to sell an NYC agency $45 million worth of 3M-brand respirator masks at 500% of 3M’s list price, or more. Amid the COVID-19 pandemic, as government agencies scramble to procure personal protective equipment (PPE), unscrupulous parties are capitalizing on the crisis through price … Continue Reading

New Treatments for COVID-19: Recent International Activity Relating to IP and Some Tools the US Already Has in Place

As potential COVID-19 treatments enter human trials, the question of pricing, access, and intellectual property has naturally entered the discussion. With numerous private entities working on a cure, the industry, governments, payers, healthcare groups, and other stakeholders are quickly pushing their respective (and, in most cases, expected) positions relating to the balance between IP rights … Continue Reading

A New Approach to Telecom Regulation in the Times of Covid-19

As the coronavirus pandemic spreads across the world, forcing people into their homes, electronic communications have and will continue to play a vital role in supporting families, businesses and individuals. Accordingly, electronic communications regulators across the globe are adapting their approach to regulation. Compliance with regulatory obligations continues to be important. However, regulators recognise that … Continue Reading

USPTO Joins Other National Patent Offices by Extending Filing and Fee Deadlines in Response to COVID-19

The recent passage of the massive Coronavirus Aid, Relief, and Economic Security (“CARES”) Act by Congress authorized the United States Patent and Trademark Office (“USPTO”) to temporarily adjust its statutory time periods for replies and fees to help applicants file during the COVID-19 outbreak. With countless individuals and businesses significantly impacted by the growing pandemic, … Continue Reading

Potential Bankruptcies Caused By COVID-19: What IP Licensees and Licensors Need to Know

It comes as no surprise that the COVID-19 pandemic has and will continue to negatively impact our economy and increase bankruptcy filings.  Attorneys Mark Salzberg and Ivan Rothman analyze impacts of COVID-19 related bankruptcies for IP licensees and licensors in our sister blog, Restructuring GlobalView. The post details concerns from the licensee’s and licensor’s perspectives, … Continue Reading

CARES Act Authorizes the PTO to Extend Patent and Trademark Deadlines during Coronavirus Emergency

Other Squire Patton Boggs articles on the SPB Coronavirus Hub have highlighted the many remedial provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. Intellectual Property owners were not left out. Section 12004 gives the Director of the Patent and Trademark Office (PTO) the authority to “toll, waive, adjust, or modify” … Continue Reading

Moving Cases Toward Completion During the Coronavirus Pandemic: Has the Time Finally Come for Increased Reliance on Remote Hearings and Depositions?

As more and more courts grapple with the Coronavirus Public Health Emergency, many are issuing Administrative Orders with provisions for conducting business via teleconference or videoconference. Most courts and litigators are familiar with holding status conferences and discovery dispute hearings by phone conference. But what should courts and parties do about complex hearings such as … Continue Reading

Public Procurement During the COVID-19 Outbreak

Many bodies which are contracting authorities for the purpose of the Public Contracts Regulations 2015 (“PCR 2015”), or equivalent contracting entities under the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and/or the Defence and Security Public Contracts Regulations 2011, will have a crucial role in responding to the COVID-19 outbreak. This may include … Continue Reading
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