Sec. 12004.

492 words·~2 min read·/bill/116/hr/748/eas/section-12004

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

During the emergency period described in subsection (e), the Director may toll, waive, adjust, or modify, any timing deadline established by title 35, United States Code, the Trademark Act, section 18 of the Leahy-Smith America Invents Act ( 35 U.S.C. 321 note), or regulations promulgated thereunder, in effect during such period, if the Director determines that the emergency related to such period— materially affects the functioning of the Patent and Trademark Office; prejudices the rights of applicants, registrants, patent owners, or others appearing before the Office; or prevents applicants, registrants, patent owners, or others appearing before the Office from filing a document or fee with the Office.

If the Director determines that tolling, waiving, adjusting, or modifying a timing deadline under subsection

(a)is appropriate, the Director shall publish publicly a notice to such effect. Not later than 20 days after the Director tolls, waives, adjusts, or modifies a timing deadline under subsection

(a)and such toll, waiver, adjustment, or modification is in effect for a consecutive or cumulative period exceeding 120 days, the Director shall submit to Congress a statement describing the action taken, relevant background, and rationale for the period of tolling, waiver, adjustment, or modification. Notwithstanding section 301 of the National Emergencies Act ( 50 U.S.C. 1631 ), the authority of the Director under subsection

(a)is not contingent on a specification made by the President under such section or any other requirement under that Act (other than the emergency declaration under section 201(a) of such Act ( 50 U.S.C. 1621(a) )). The authority described in this section supersedes the authority of title II of the National Emergencies Act ( 50 U.S.C. 1621 et seq.). The emergency period described in this subsection includes the duration of the portion of the emergency declared by the President pursuant to the National Emergencies Act on March 13, 2020, as a result of the COVID–19 outbreak (and any renewal thereof) beginning on or after the date of the enactment of this section and the 60 day period following such duration. Nothing in this section may be construed as limiting other statutory authorities the Director may have to grant relief regarding filings or deadlines. Notwithstanding subsection (a), the authorities provided under this section shall expire upon the expiration of the 2-year period after the date of the enactment of this section. In this section: The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. The term Trademark Act means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 ( 15 U.S.C. 1051 et seq.). The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Connectionstraces to 4

Traces to 4 documents

U.S. Code

Citation graph

cites case law

Sec. 12004

Cites 4Cited by 0 across 0 sources