If you have a deadline for filing an AIA petition and/or other associated documents in a pending AIA case and you cannot file electronically via PTAB E2E, you must use an alternative filing method. Specifically, AIA petitions and/or other associated documents may be served on opposing counsel via email. The Board should be notified of the service by email, copying opposing counsel, at Trials@uspto.gov
. The email notification to the Board should NOT include attachments.
Notification to the Board of petitions served via email must include:
• name of point of contact;
• email address of point of contact;
• patent number to which the petition corresponds (or application number in the case of a derivation proceeding);
• application number of the patent;
• petitioner’s application number (in the case of a derivation proceeding);
• number of claims challenged;
• type of AIA proceeding;
• power of attorney; and
• fee (e.g., a deposit account authorization).
In addition, if a petition or document is served via email or other means, it must be followed by a later-filed motion requesting acceptance of the submission once PTAB E2E is available. The petition or document will be accorded the date on the certificate of service as the identified filing date. 37 C.F.R. § 42.6(b). It is important to note that a petition will not be accorded a filing date unless it is accompanied by a payment of the appropriate fees (e.g., a deposit account authorization).
Alternatively, if PTAB E2E is down during normal business hours, a party may contact the Board and request a one-day extension of time for due dates that are set by rule or orders of the Board. 37 C.F.R. § 42.5. In the unlikely event that an administrative patent judge is not available to rule on the extension, the Board may grant an extension the day after the paper is due.
In relation to extensions of time generally, please also see the USPTO announcement regarding the Coronavirus Aid, Relief, and Economic Security (CARES) Act (released March 31, 2020), the USPTO announcement extending certain patent and trademark deadlines to June 1 (released April 28, 2020), and the Notice of Extended Waiver of Patent-Related Timing Deadlines under the Coronavirus Aid, Relief, and Economic Security Act and Other Relief Available to Patent Applicants and Patentees (published April 28, 2020).