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|Top of Notices (123) December 28, 2021||US PATENT AND TRADEMARK OFFICE||Print This Notice 1493 CNOG 286|
|Information for the Public||Referenced Items (120, 121, 122, 123, 124)|
(123) Relief in Certain Extraordinary Situations This notice addresses the extraordinary situation in which a Patent and Trademark Office (PTO) customer has been intentionally deceived by his or her representative, resulting in a potential loss of intellectual property rights. In such a situation, the PTO will mitigate any such potential loss, to the extent possible within the PTO's statutory framework and the bounds of controlling law. To mitigate any such loss, the Commissioner of Patents and Trademarks may suspend or waive certain regulations. When that is the case, the Commissioner will exercise his power to do so under 37 C.F.R. 1.183 and 2.148 ("In an extraordinary situation, when justice requires," the Commissioner has the power to sua sponte suspend or waive any requirement of the regulations which is not required by statute.). In advance of the occurrence of such an extraordinary situation, the Commissioner cannot determine what specific action justice will require. Such action, however, could include waiving of certain non-statutory fees, reviving an abandoned application, or granting an application filing date based on the PTO filing date of a copending document that has all the elements of a patent application required by law. August 11, 1995 BRUCE A. LEHMAN Assistant Secretary of Commerce and Commissioner of Patents and Trademarks [1178 OG 42]