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Weekly IP Buzz for the Week Ending April 10, 2020

In this week's post, we see that the recent passage of the U.S. 2020 CARES Act gives the USPTO much-needed authority to adjust, edit, and modify deadlines, fees, and appearance times as necessary to ameliorate the current difficulties at the USPTO caused by the coronavirus.

Also, as the use of video conferencing has become a must, law firms, especially, need to consider the associated security and privacy issues that come with such technology and take actions to ensure the best precautions are taken with the use of video conferencing. 

U.S. Cares Act Extends USPTO Deadlines

As the global coronavirus pandemic has caused frustrating and worrisome delays at the USPTO, the CARES Act provides much needed relief, as it has granted USPTO Director Andrei Iancu with the necessary power to:

  • waive certain fees;

  • modify or extend deadlines related to filing, appearances, renewals; and

  • continue to use such expanded powers at his discretion for a designated time beyond the end of the crisis period.

The passage of the U.S. Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed earlier this month, grants the Director of the U.S. Patent and Trade Office (USPTO), Director Andrei Iancu, much needed authority to affect change in the USPTO as needed to keep the USPTO operating without unfairly punishing parties adversely impacted by the coronavirus pandemic.

Specifically, the 2020 CARES Act grants the USPTO expanded powers during times of emergency and crisis.  Specifically, the CARES Act allows Director Iancu to affect change previously prohibited by statutory law.  For example, Director Iancu may now extend, modify, toll, and adjust deadlines as necessary to avoid the lapse of rights or unfair prejudice towards applicants, registrants, brand owners, and any party appearing before the USPTO.  In essence, the USPTO may now make significant changes to deadlines and fees and take any reasonable measure needed to keep the USPTO's functioning at its core.  

Read the full article here.

What Lawyers Should Do When Using Video Conferencing

As social distancing has created a surge in need for video conferencing, law firms are utilizing video to continue their practice. Lawyers must take actions to help maintain the integrity of their attorney-client relationships when using any video conferencing service by:

  • reviewing the service’s privacy policy; 

  • understanding what data is being mined from users, and how that data is used;

  • ensure the service offers “end-to-end” encryption and other industry-standard security features; and

  • utilize all security features offered by the service to help secure individual 

In the wake of the nationwide “shelter in place” orders, which have forced millions of Americans to work from home, many have looked to video conferencing to connect with clients, colleagues and even teachers.  As businesses that can and must still continue to operate, video conferencing for lawyers has become an important must for daily practice. It requires a heightened need for awareness of any potential security issues related to the use of such services.  

Find the full article here.

Click to read the previous Weekly IP Buzz on Thriving Attorney.

For more posts, see our Intellectual Property Law Blog.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.