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COVID-19 Update: Status of Global Patent, Trademark, and Copyright Offices

[Updated – July 16, 2020] As local and national governments take measures to combat the spread of COVID-19, patent, trademark, and copyright owners are facing potential difficulties with meeting prosecution and dispute deadlines.

The closure of offices, retail locations, and limited access to information creates obstacles with the prosecution, maintenance, and enforcement of patents, trademarks and copyrights. Moreover, the closure of administrative authorities has, in some cases, prevented the legalization of documents. To address these obstacles, some patent, trademark and copyright offices have extended deadlines or offered relief when requested.

We have updated our March 20, 2020 alert to include the status of deadlines and extensions for patents, trademarks and copyrights and have included additional jurisdictions. We will continue to update this chart, as appropriate.

North America

Canada
(updated)

All patent, trademark, industrial design, and Trademarks Opposition Board deadlines falling between March 16, 2020 - July 17, 2020 have been extended to July 20, 2020. For deadlines falling on or after July 20, 2020, extensions of time necessitated by the disruption caused by COVID-19 are available upon request. 

https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00050.html

Cuba

All deadlines falling after April 14, 2020 have been suspended until further notice.

http://www.ocpi.cu/node/2231

Honduras

All patent and trademark deadlines are suspended for the duration of the national emergency. However, electronic filing of trademark applications is available as of April 27, 2020 and physical offices have re-opened as of May 21, 2020.

http://www.ip.gob.hn/boletines

 

Mexico
(updated)

As of July 6, 2020, the Mexican Patent Office (IMPI) has reopened for all activities. All patent and trademark deadlines falling after March 24, 2020, which had been suspended, are extended to, and will otherwise begin running again on, July 13, 2020.  All records review, advisory services to the public, and hearings going forward will be conducted online.

https://www.gob.mx/impi/
https://www.indautor.gob.mx/documentos/informacion-oficial/2020_06_11_MAT_cultura.pdf

United States - Patent/Trademark
(updated)

On March 27, 2020, the President signed the “Coronavirus Aid, Relief and Economic Security Act” (CARES Act) that provides temporary authority to the USPTO Director to “toll, waive, adjust, or modify, any timing deadline” under the relevant U.S. patent and trademark statutes. The authority for these actions ends 60 days following the stated end of the emergency.

The USPTO has announced relief regarding filings and payments due in patent and trademark proceedings if the filing or payment is accompanied with a statement that the “delay in filing or making such payment is due to the COVID-19 outbreak.” A delay in filing or payment will be considered due to the COVID-19 outbreak if a practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated with the filing or fee was “personally affected” such as by “office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness,” or other circumstances in which COVID-19 materially interfered with timely filing or payment. Specifically:

  • for all patent and trademark deadlines set forth below, filings and payments due between March 27, 2020 - May 31, 2020 will be considered timely if filed on or before June 1, 2020;
  • for small and micro entities, patent filing fees and payments due between March 27, 2020 - September 29, 2020 will be considered timely if filed on or before September 30, 2020; and
  • for large entities, extensions for patent deadlines falling after May 31, 2020 will be available on a case-by-case basis.

Patents

Extendible patent deadlines include:

  • replies to pre-examination notices for small/micro entities, and replies to Office Actions;
  • issue fee payments;
  • notices of appeal, appeal briefs, reply briefs, and appeal forwarding fees;
  • requests for oral hearings before the PTAB;
  • responses to a substitute examiner’s answer;
  • in response to a PTAB decision including a new ground of rejection, amendments when reopening prosecution or requests for rehearing;
  • maintenance fees for small/micro entities;
  • requests for rehearing of a PTAB decision under 37 CFR 41.52, 41.125(c), or 41.127(d); and
  • petitions to the Chief Judge of the PTAB under 37 CFR 41.3.

https://www.uspto.gov/sites/default/files/documents/Patents-Notice-CARES-Act-2020-05.pdf

On May 8, 2020, the USPTO announced a COVID-19 Prioritized Examination Pilot Program for small and micro entities for applications directed to products or processes subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19. For qualifying applicants, the fees normally associated with prioritized examination are waived.

https://www.uspto.gov/about-us/news-updates/uspto-announces-covid-19-prioritized-examination-pilot-program-small-and

On June 12, 2020, the USPTO announced special relief for patent applicants, who have been affected by COVID-19, seeking to petition to restore rights of priority or benefit in patent applications. Specifically, if the deadline for requesting restoration of the right of priority to or benefit of a foreign or provisional application for any non-provisional application falls between March 27, 2020 - July 30, 2020, the deadline will be extended to the later of July 31, 2020 or the expiration of the two-month period set forth in 35 U.S.C. § 119. The associated petition fees under 37 C.F.R. 1.17(m) shall be waived as long as a petition to restore rights of priority or benefit in a patent application is accompanied by a statement that the failure to meet the deadline was due to the COVID-19 outbreak.

https://www.uspto.gov/sites/default/files/documents/restoration-relief-2020-06.pdf 

Trademarks

Extendible trademark deadlines include:

  • responses to Office Actions, including notices of appeal;
  • statements of use and requests for extensions of time to file same;
  • ­­notices of opposition and requests for extensions of time to file same;
  • priority filing basis under 15 U.S.C. § 1126(d)(1) and 37 CFR 2.34(a)(4)(i);
  • priority filing basis under 15 U.S.C. § 1141g and 37 CFR 7.27(c);
  • transformation of an extension of protection to the United States into a U.S. application;
  • affidavits of use or excusable nonuse under 15 U.S.C. § 1058(a) and 37 CFR 2.160(a);
  • renewal applications; and
  • affidavits of use or excusable nonuse under 15 U.S.C. § 1141k(a) and 37 CFR 7.36(b).

Please note that any extension of time period fees, that would have been due for filings if made prior to March 27, 2020, are not waived or extended. The USPTO has published patent and trademark FAQs providing further details regarding the above extension policies.  The USPTO has also provided Form PTO/SB/449 for use in making extension requests due to COVID-19.

https://www.uspto.gov/sites/default/files/documents/sb0449.pdf ­­­­

On June 15, 2020, the USPTO announced a COVID-19 Prioritized Examination Pilot Program for trademark and service mark applications directed to qualifying COVID-19 related medical goods and services.  Examples of qualifying medical-related goods and services are:

  • pharmaceutical products or medical devices such as diagnostic tests, ventilators, and personal protective equipment, including surgical face masks, face shields, gowns, and gloves, that prevent, diagnose, treat, or cure COVID-19 and are subject to U.S. Food and Drug Administration (FDA) approval; and
  • medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19.

Applicants who believe their applications qualify for COVID-19 prioritized examination should file a Petition to the Director that includes the application’s serial number and a statement of facts supported by an affidavit or declaration under 37 CFR § 2.20 explaining why the applicant’s medical goods or services qualify for prioritized information and what section of the CFR the goods are regulated.  The fees normally associated with prioritized examination are waived.

 https://www.uspto.gov/sites/default/files/documents/TM-COVID-19-Prioritized-Examination.pdf

PTAB and TTAB

The PTAB shall provide a 30-day extension of time for a patent owner preliminary response in a trial proceeding under 37 CFR 42.107 or 42.207 or any related responsive proceedings due between March 27, 2020 - April 30, 2020 that was delayed due to the COVID-19 outbreak. For other PTAB situations not covered above, requests for extensions of time due to the COVID-19 outbreak can be requested by telephone or email.   

For other situations before the TTAB not covered above, requests or motions for extensions or reopenings of time can be made, as appropriate.

The above available extensions are in addition to previous guidance that in-person interviews, PTAB/TTAB oral hearings, and other in-person meetings are now to be conducted by telephone or video conference.

Other

Further, the following requirements have been waived for cases impacted by the COVID-19 outbreak:

  • Petition fees to revive an abandoned application or terminated/limited reexamination proceeding, or petitions to  reinstate a canceled/expired registration, for matters that were abandoned, terminated/limited, or canceled/expired on or before July 31, 2020; and
  • 37 CFR 1.4(e)(1) and (2) requiring an original handwritten signature in matters before the Office of Enrollment and Discipline and certain payments by credit card

United States - Copyright

The CARES Act gives the U.S. Register of Copyrights the authority to “toll, waive, adjust, or modify any timing provision” upon finding that the national emergency “will generally disrupt or suspend the ordinary functioning of the copyright system.” The Copyright Office has since announced that with respect to the three- month period that runs from the work’s first publication date for filing applications in order to preserve statutory damages, any such windows that have opened as of March 13, 2020:

  • for applications that can be submitted entirely electronically, the timing provisions are unchanged;
  • for applications in which the applicant is unable to submit a physical deposit, the applicant should upload, with the application, a declaration certifying that the deposit could not be submitted but for the national emergency and set forth satisfactory evidence in support; and
  • for applicants who are unable to submit an application electronically or physically due to the national emergency, the three month window will be tolled until the emergency has been lifted if the applicant thereafter submits its application with a declaration certifying that the application could not be submitted but for the national emergency and set forth satisfactory evidence in support.

Additionally, the Copyright Office has announced that deadlines falling after March 13, 2020 for the time to serve or record notices of termination will be extended for the period of the emergency if effected within 30 days after the emergency ends and if submitted to the Copyright Office with a declaration that delay was caused by the emergency and satisfactory evidence in support thereof.

The above emergency modifications will remain in effect until July 10, 2020, unless extended or terminated early by Acting Register announcement.

https://www.copyright.gov/coronavirus/

South America

Argentina
(updated)

All deadlines falling between March 12, 2020 - July 17, 2020 were extended to July 20, 2020.

https://www.argentina.gob.ar/inpi
https://www.boletinoficial.gob.ar/detalleAviso/primera/231444/20200630?busqueda=1

Brazil

All deadlines have been suspended and the days falling between March 16, 2020 – May 31, 2020  will not be counted against any running deadlines. Any terms that begin during this period have started to run as of June 1, 2020. The use of this term suspension is optional and applicants may still use online services to meet deadlines. Information about counting the deadlines may be found at https://www.gov.br/inpi/pt-br/servicos/covid-19-contagem-de-prazos

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/prorrogada-ate-31-de-maio-a-suspensao-de-prazos-de-processos/PortariaPRINPI17911_05_2020.pdf

Colombia

As of April 24, 2020, the Colombian Trademark Office is fully operational online and all deadlines after that date are not being extended.

Chile

All deadlines falling between March 17, 2020 - May 15, 2020 have been extended from May 15, 2020 for a period equivalent to half of the original term of the deadline. All hearings scheduled on or after April 2, 2020 for contentious proceedings before the INAPI are suspended until further notice.

https://www.inapi.cl/sala-de-prensa/detalle-noticia/inapi-informa-ampliacion-de-plazos-para-sus-procesos-judiciales
https://www.inapi.cl/docs/default-source/default-document-library/ampliacion_primera_quincena_de_mayo.pdf?sfvrsn=49c1691f_2

Ecuador
(updated)

All deadlines falling after March 16, 2020 are extended to July 16, 2020, after which normal computation of time for deadlines resumes.

https://www.derechosintelectuales.gob.ec/
https://www.derechosintelectuales.gob.ec/comunicados-oficiales/
https://www.derechosintelectuales.gob.ec/wp-content/uploads/2020/07/Resoluci%C3%B3n-No.-015-2020-DG-LEVANTAMIENTO-SUSPENSI%C3%93N-DE-PLAZOS-Y-T%C3%89RMINOS-07.07.2020-FINAL.pdf

Paraguay
(updated)

All procedural deadlines falling between March 11, 2020 - June 30, 2020 were extended to July 1, 2020, and normal computation of time for deadlines has resumed. 

https://www.dinapi.gov.py/
https://dinapi.gov.py/portal/v3/assets/archivos-pdf/ResolucionDINAPIRGN-162020.pdf?fbclid=IwAR3gagXV0WoXFQ9SZGrS6AZgCz6y8symduxN3sTNt4-zw91TxlzrWjESMIM

Peru

All deadlines applicable to applications, claims, complaints, obligations and other judicial activities were extended through June 10, 2020. No further extension announcement has yet been made and Indecopi has reopened to the public as of June 17, 2020.

https://www.indecopi.gob.pe/en/-/debido-a-nueva-norma-dictada-por-el-poder-ejecutivo-el-indecopi-comunica-la-prorroga-de-la-suspension-del-computo-de-plazos-administrativos-hasta-el-1

Europe

Austria

The Austrian Patent Office is now open and operating with reduced in-person customer service hours. All office-set deadlines that have not expired as of March 16, 2020 were extended to May 1, 2020. All appeals deadlines that were not expired as of March 22, 2020 were extended to May 1, 2020.  The time periods for deadlines falling during either of these periods will start anew as of May 1, 2020.  Statutory time limits falling between March 16, 2020 - April 30, 2020 were suspended and any time remaining on a deadline during this period will be added to the deadline beginning May 1, 2020.  Annuity or renewal fee deadlines were not extended.

https://www.patentamt.at/en/all-news/news-detail/artikel/wichtige-information-fuer-unsere-kun/

Benelux - Belgium, Netherlands, and Luxembourg

The Benelux Office for Intellectual Property has announced that due to the public emergency restriction being set to end, it plans for “business-as-usual” as of May 25, 2020. As a result, all deadlines, including payment deadlines, that expire or will expire between March 16, 2020 - June 24, 2020 are extended to June 25, 2020.  Deadlines that expire on or after June 25, 2020 are unchanged.  All deadlines that are set from May 25, 2020 onward will have their normal deadline periods and are not subject to the general extension, even if such deadlines expire before June 25, 2020. Trademark oppositions that were due to be filed between March 16, 2020 - June 24, 2020 may be filed until June 25, 2020.

https://www.boip.int/en/entrepreneurs/news/announcement-of-business-as-usual-date-bau-date

Estonia

Deadlines have not been extended, however the emergency situation has been extended until May 17, 2020, and extensions for any office-set deadlines are available upon application. Requests for relief will be handled on a case-by-case basis and proceedings may be suspended for up to 24 months in emergency situations. The Estonian Patent Office is open for normal operations as of June 1, 2020.

https://www.epa.ee/et/uudised/info-toostusomandi-esemetega-seotud-menetluslike-toimingute-kohta-eriolukorra-tingimustes
https://www.epa.ee/en/news/work-estonian-patent-office-june

EUIPO -Trademark/Design

As of May 18, 2020, the automatic extension period at the EUIPO that extended deadlines falling between March 9, 2020 - May 17, 2020 to May 18, 2020 has come to an end.  However, time limits set by the EUIPO may be extended upon receipt of a reasoned request, such as if a party has faced “[d]ifficulties arising from measures taken by public authorities against the pandemic caused by the COVID-19 outbreak or instances of sickness of the party or its representative for the same reason.”

https://euipo.europa.eu/ohimportal/en/news/-/action/view/5755471

EPO - Patent
(updated)

All “routine” deadlines falling between March 15, 2020 - June 1, 2020 were extended to June 2, 2020. For deadlines falling after June 2, 2020, applicants must provide evidence that the time limit was missed due to an “exceptional occurrence” that occurred within the ten days preceding the expiry of a period that caused the deadline to be missed. Renewal fees due between March 15, 2020 - August 31, 2020 may be paid by August 31, 2020 without being subject to late fees. Oral proceedings that are summoned between April 2, 2020 - September 11, 2020 are suspended until at least September 14, 2020 and may be held by videoconference with all parties’ consent.

https://www.epo.org/news-issues/covid-19.html

Germany

All deadlines set by the German Patent and Trademark Office were automatically extended to May 4, 2020. The extension does not apply to deadlines set by law such as priority or opposition deadlines.  No further extensions have yet been announced.

https://www.dpma.de/english/our_office/publications/news/corona/index.html

Finland

All patent, utility, trademark, and design application deadlines are not extended, however, extensions are available by written request and the COVID-19 situation will be taken into account when deciding to grant extensions. Deadlines set down by law, such as annual fee deadlines, priority year or validation of EP patents deadlines, and final deadlines for renewals and oppositions cannot be extended.

https://www.prh.fi/en/presentation_and_duties/corona.html#deadlinesfortrademarksanddesigns

France

All deadlines falling between March 12, 2020 - June 23, 2020 are extended to July 23, 2020 if the initial deadline was a one month deadline and are extended to August 23, 2020 if the initial deadline was a two month deadline. 

https://www.inpi.fr/fr/report-de-delais-lie-la-crise-sanitaire

Ireland

All deadlines falling between March 13, 2020 - June 2, 2020 were extended to June 3, 2020 and days falling from June 3, 2020 onward are no longer considered “excluded days” for the purposes of extended deadlines. Customers are expected to adhere to existing deadlines, though extensions may be granted in the discretion of the Intellectual Property Office of Ireland on a case-by-case basis.

https://www.ipoi.gov.ie/en/news-events/news-categories-/announcements/ending-of-period-of-excluded-days-.html

Italy

All patent, trademark, and design deadlines falling between February 23, 2020 - May 15, 2020 were extended to May 18, 2020, except for mandatory deadlines in opposition proceedings and appeals. Any certificates and IP titles expiring between January 31, 2020 - July 31, 2020 will remain valid for ninety days after the Italian government declares an end to the state of emergency.

https://uibm.mise.gov.it/index.php/it/198-notizie-stampa/2036407-covid-19-prorogata-al-15-maggio-la-sospensione-dei-termini-per-i-procedimenti-amministrativi

Moldova

All patent and intellectual property object registration deadlines and public meetings falling between March 17, 2020 - May 15, 2020 were extended from May 15, 2020 for the number of days remaining until the deadline as of March 17, 2020.  As of May 4, 2020, the State Agency for Intellectual Property has announced an intent to resume activity.

http://agepi.gov.md/en/news/state-agency-intellectual-property-resumes-its-activity-monday-may-4-2020

Norway

Deadlines have not been extended, though two-month extensions of time for non-statutory deadlines are available, if requested, before the deadline expires.

https://www.patentstyret.no/en/about-us/news/2020/corona-virus--information-from-nipo/

Portugal

Portugal’s INPI has resumed operations exclusively through online services as of April 16, 2020.  All deadlines falling between March 12, 2020 - April 15, 2020 were extended to April 16, 2020 and the number of days that were remaining before the deadline as of March 12, 2020 were added to the deadline.

https://inpi.justica.gov.pt/Perguntas-frequentes

Russia Patent Office and Eurasian Patent Office
(updated)

All patent deadlines falling between March 30, 2020 - November 30, 2020 have been extended to December 31, 2020.

https://rospatent.gov.ru/en/news/time-limits-related-to-the-payment-of-patent-fees-shall-be-extended

Spain

All deadlines falling between March 14, 2020 – May 31, 2020 were suspended or interrupted, and the time to meet these deadlines resumed running as of June 1, 2020.  The days falling during this suspension period are not counted against pending deadlines.  The OEPM has provided an administrative deadline calculator to assist applicants in calculating remaining deadline time.

https://www.oepm.es/es/sobre_oepm/noticias/2020/2020_06_09_CalculadoraPlazosAdmiDispoSoliUsuOEPM.html?accesoInterno=true
https://www.oepm.es/es/sobre_oepm/noticias/2020/2020_05_29_1junio2020ReanudaPlazosAdminisAnteOEPM.html?accesoInterno=true

Switzerland

All deadlines falling between March 21, 2020 - April 19, 2020 were extended to April 20, 2020, and this date has not been extended as of this update. If a deadline is missed, applicants may request further processing or re-establishment of rights for most missed deadlines within two months of the expiration of the deadline and pay any associated fees. Requests for reinstatement of rights in trademark and design applications must be submitted within 30 days of the expiration of the deadline. The Swiss Institute of Intellectual Property is also offering assisted patent searches and patent landscape analyses online free of charge from April 1, 2020 - May 31, 2020.

https://www.ige.ch/en/services/newsroom/coronavirus-news.html
https://www.ige.ch/en/services/newsroom/news/news-details/news/3697-bleiben-sie-innovativ-nutzen-sie-das-digitale-angebot-des-ige.html  

Turkey

All deadlines falling between March 13, 2020 - March 27, 2020 have been extended until June 30, 2020. All deadlines falling between March 28, 2020 -June 15, 2020 are extended to a date beyond June 15, 2020 equal to the remaining deadline time as of March 13, 2020 (e.g., a deadline falling on March 28, 2020 had 15 days remaining and is thus extended to June 30 2020). All deadlines that fall after June 15, 2020, which were instituted prior to March 13, 2020, will have 95 days added to their deadlines. For transactions that occur between March 13, 2020 - June 15, 2020, the beginning of applicable deadline periods will begin on June 16, 2020.

Right holders and attorneys will be entitled to perform retrospective legal transactions that have not been carried out between March 13, 2020 - April 30, 2020.

https://www.turkpatent.gov.tr/TURKPATENT/allAnouncement/anouncementDetail?newsId=1251

United Kingdom

All deadlines for patents, supplementary protection certificates, trademarks, and designs falling between March 24, 2020 - July 29, 2020 are extended to July 30, 2020.  The UKIPO has announced it will resume normal operations as of July 30, 2020.

All physical hearings before June 1, 2020 were cancelled and will be rescheduled.

https://www.gov.uk/government/news/coronavirus-important-update-on-ipo-services

Asia and Oceania

Australia

Deadlines have not been extended, though a streamlined process for obtaining up to three month extensions of time is available for deadlines falling between April 22, 2020 - June 30, 2020, except for deadlines relating to:

  • renewals;
  • meeting minimum filing requirements;
  • claiming Convention priority;
  • WIPO patent and trademark deadlines where Australia is the PCT Receiving Office or Madrid Office of Origin;
  • filing divisional applications;
  • pre-publication application amendments;
  • filing notices of opposition to extensions of time;
  • responses to notices by the Australia Competition and Consumer Commission in relation to a certification trademark; and
  • matters before the courts or the Administrative Appeals Tribunal.

For the above matters, applications for extensions through existing processes may still be made to the extent they are available.

https://www.ipaustralia.gov.au/about-us/news-and-community/news/business-continuity-and-coronavirus-disease-covid-19-outbreak
https://www.ipaustralia.gov.au/free-streamlined-extensions-time-covid-19-disruptions

Cambodia

Deadlines have not been extended.

China

Deadlines have not been extended, but CNIPA will consider suspending/extending specific deadlines if a party provides evidence that the deadline was/will be missed as a result of the COVID-19 outbreak. If a missed deadline causes a party to lose rights as a result of the COVID-19 epidemic, the party may request a restoration of rights within two months of resolving the situation attributable to COVID-19, but at no point later than two years after expiration of the applicable deadline.

http://english.sipo.gov.cn/news/officialinformation/1147236.htm
http://english.sipo.gov.cn/news/officialinformation/1145981.htm

Hong Kong

All patent, trademark, and registered design filing deadlines falling between March 23, 2020 - April 24, 2020 were extended to April 27, 2020. The HK IP Department has announced that there will be no further extensions.

https://www.ipd.gov.hk/eng/whats_new/news.htm
https://www.ipd.gov.hk/eng/ip_journal_notice.htm 

India

All deadlines administered by the Controller General of Patents, Designs and Trademarks falling between March 25, 2020 - May 17, 2020 were extended to June 1, 2020. On June 19, 2020, the Hon’ble High Court of Delhi announced that for all public proceeding deadlines and fee payment days falling after March 15, 2020 shall be the date as decided/ordered by the Hon’ble Court. That is, all deadlines shall remain suspended until the Indian courts decree otherwise  It is recommended that filings be done online to meet regular deadlines to the extent possible. All hearings scheduled on or before May 17, 2020 have been adjourned until further notice.

http://www.ipindia.nic.in/writereaddata/Portal/News/690_1_Public_Notice-19_June_2020.pdf

Indonesia

Deadlines have not been extended and only electronic filings may be submitted. The physical office closure has been extended through May 29, 2020.

https://dgip.go.id/info-terbaru

Japan

Deadlines have not been extended, however extensions are available upon request for certain procedures.

Procedures which are extendible to the earlier of: (a) two months from when the reason for not having been able to complete the procedure within the time limit ceased to exist; or (b) six months from the expiration of the original deadline:

  • submission of “Proof for Exception of Loss of Novelty” for patent inventions or for designs in international design registration applications;
  • submission of a “Priority Certificate;”
  • filing a divisional application;
  • conversion of a utility model registration or design registration into a patent application;
  • filing of a patent application based on a utility model registration;
  • requests for patent term extension;
  • payment of registration fees;
  • requests for refunds of patent or design fees;
  • filing appeal against a “Decision of Rejection;”
  • requests for retrial or trial against examiner’s ruling dismissing amendment;
  • requests for correction of the description, scope of claims, or drawings in a utility model registration;
  • withdrawal of a demand for invalidation of a utility model registration;
  • submission of certificate to receive special provisions concerning the time of filing of trademark application;
  • application for trademark registration after revocation of an international registration;
  • application for trademark registration after denunciation of Madrid Protocol; and
  • submission of priority document certifying a priority claim under the Paris Convention when filing an international patent application or a request under Article 184-20, paragraph (1) of the Japanese Patent Act.

Procedures which are extendible to the earlier of: (a) two months from when the reason for not having been able to complete the procedure within the time limit ceased to exist; or (b) one year from the expiration of the original deadline:

  • submission of Japanese translations of foreign-language patent applications;
  • request for substantive examination (patent only);
  • late payment of patent annuities and surcharges;
  • PCT national phase entry and submission of Japanese translations (patent and utility model registrations);
  • late payment of trademark installment registration fees and surcharges; and
  • filing a request for registration of renewal (trademark only).

Late priority claims may also be filed within two months of the expiration of the original deadline.

https://www.jpo.go.jp/e/news/koho/saigai/covid19_procedures.html

Laos

All deadlines falling between April 1, 2020-May 3, 2020 were extended to May 4, 2020.

https://www.tilleke.com/resources/laos-extends-covid-19-lockdown-measures-may-3 

Malaysia

Deadlines for office action responses (including appeals, oppositions and payments) and for trademark and industrial design renewals were extended to June 16, 2020. Deadlines for patent and utility innovation renewals that fall between March 18, 2020 - June 15, 2020 were extended to June 16, 2020.  Deadlines related to priority date claims for patent, trademark, and industrial design applications were extended to June 10, 2020. The Malaysian IP Office is closed for paper submissions until the Malaysian Movement Control Order Period ends, though electronic filings may still be made.

http://www.myipo.gov.my/en/home/
http://www.myipo.gov.my/wp-content/uploads/2020/05/MyIPO-OPERATIONS-CMCO-9-JUNE-2020.jpg

Myanmar

No deadline extension due to COVID-19, but deadlines falling between April 10, 2020 - April 17, 2020 have been extended to April 20, 2020 for the new year holiday.

New Zealand

Deadlines have not been extended, though requests for extensions of time will be treated favorably if the need for the extension is due to circumstances related to COVID-19. Extensions will be considered for:

  • deadlines to respond to patent examination reports;
  • deadlines to request examination of patent applications
  • Section 71 deadlines for patent applications;
  • deadlines to respond to design examination reports;
  • deadlines to respond to trademark compliance reports; and
  • deadlines to file evidence for proceeding cases.

https://www.iponz.govt.nz/news/iponz-services-during-covid-19/

Philippines
(updated)

All deadlines falling between March 16, 2020 - May 15, 2020 have been extended as follows:

  • deadlines falling between March 16, 2020 - March 31, 2020, are extended to June 30, 2020;
  • deadlines falling between April 1, 2020 - April 30, 2020, which were initially extended for sixty (60) calendar days, are further extended to June 30, 2020; and
  • deadlines failing between May 1, 2020 – June 30, 2020 are extended to July 30, 2020.

All scheduled hearings and mediations were suspended until May 25, 2020. Hearings scheduled from May 26, 2020, including online mediation, will proceed unless otherwise advised.

http://www.ipophil.gov.ph/advisories/
https://drive.google.com/file/d/133rYedRGGq5uLTEq9QjgLubqg70oGwsr/view

Singapore

All deadlines from April 7, 2020 - June 4, 2020 were extended to June 5, 2020. Deadlines falling after that date are not extended, though requests for extensions of time are available where applicable.

https://www.ipos.gov.sg/media-events/updates/ViewDetails/updates-regarding-our-services-following-the-covid-19-circuit-breaker/

South Korea 

All non-statutory patent, utility model, design, and trademark deadlines falling between March 31, 2020 - May 30, 2020 were extended to May 31, 2020. The extended deadlines include: responses to requests to amend patent applications or correct deficiencies, submitting responses to non-final office actions, submitting responses to trademark registration oppositions, etc. Petition fees associated with requesting revival of applications that were abandoned or expired due to COVID-19 have been waived.

All statutory deadlines prescribed by law or treaty (e.g., national phase entry of PCT applications, filings under the Paris Convention) and deadlines for possible disputes between parties have not been extended.

All deadlines before the Intellectual Property Trial and Appeal Board (IPTAB) for patents, utility models, designs and trademarks failing between March 31, 2020 - May 30, 2020 were extended to May 31, 2020. For later IPTAB deadlines, requests for extensions of time for reasons related to COVID-19 will be granted if filed before the due date, and requests to revive applications within two months of a lapsed deadline will be granted if a suitable explanatory statement and evidentiary materials are submitted therewith.

KIPO Update #1
KIPO Update #2

Thailand

Deadlines have not been extended, though extensions are available by request if the applicant can make a showing that COVID-19 has directly affected the ability to handle intellectual property prosecution.

Vietnam

All deadlines falling between March 30, 2020 - April 30, 2020 relating to requests for claiming priority rights, provision of supplemental documents, responses to decisions/notifications of the IP Vietnam, requests for annuities/renewal of the validity of protection titles, payment of all types of fees and charges, and lodgment of appeals/oppositions, were extended to May 30, 2020. The due date for filing Patent Prosecution Highway (PPH) requests was extended to May 4, 2020.

http://www.noip.gov.vn/en_US/web/english/news-events/-/asset_publisher/ZMuTgR44COLR/content/notification-on-application-of-legal-provisions-relating-to-time-limits-for-applicants-affected-by-covid-19-and-transactions-between-applicants-and-th

Africa & Middle East

Algeria

The Algerian IP Office is working a modified work schedule of a four-hour day. All deadlines will be extended by one month after the office re-opens at regular capacity.

http://e-services.inapi.org/SITE/?Rub=Details-actualite&Aid=35

Egypt

All deadlines between March 25, 2020 - June 25, 2020 were extended to June 26, 2020.

http://www.egypo.gov.eg/
http://www.egypo.gov.eg/egypo/PDFs/extending_legal_deadlines.pdf

Israel

Deadlines have not been extended, and the Israeli Patent Office has resumed normal activities.  However, Applicants may submit a request for extension of time for any office-set missed deadlines, and missed deadlines due to COVID-19 are likely to be considered as “a reasonable cause” and/or “circumstances over which the applicant and his representative had no control and which could not be prevented” when considering whether to grant the extension.  No cases will be permanently closed due to missing deadlines that fall before May 1, 2020.

Deadlines set by legislation cannot be extended and include: fee payment deadlines, opposition submissions, requests for patent term extension, requests to reinstate a trademark or design, and requests to reconsider a design rejection.

The following activities were suspended until April 16, 2020: assignments/changes of name/changes of address; notices regarding formal deficiencies in national phase patent applications.

ILPO Update
IPLO Update #2

Iran

Deadlines have not been extended.

Jordan

All deadlines since March 18, 2020 - May 25, 2020 were extended to May 26, 2020, when all governmental institutions resumed normal activity. All trademarks, designs, and patents that were due to be registered during this period will have an additional three month period for opposers to file an opposition.

http://jahcoip.com/jah_news/jah-jurisdictional-update-covid-19-measures-adopted-across-mena-31-5-2020/

Libya

All patent, trademark, and court deadlines are suspended until further notice.

Morocco

All deadlines falling on or after March 24, 2020 are suspended until the state of emergency is lifted.

http://www.ompic.org.ma/en/actualites/covid-19-mesures-particulieres-pour-repondre-aux-besoins-des-usagers-du-systeme-de-la

Saudi Arabia

All deadlines falling after March 27, 2020 were extended to May 30, 2020. As of June 1, 2020, the Saudi Authority for Intellectual Property has re-opened.

https://www.saip.gov.sa

South Africa

All deadlines fallings between March 25, 2020 - April 30, 2020 were extended to May 1, 2020, but will only be deemed as lapsed as of May 6, 2020.  The CIPC has otherwise resumed normal business operations as of May 4, 2020.

http://www.cipc.co.za/files/2315/8875/9793/NOTICE_3_COVID_19_IP_MAY_20.pdf

Tunisia

As of May 4, 2020, normal activities have resumed and deadlines have begun to run again.

http://www.innorpi.tn/fr/actualites/communique-la-reprise-dactivite-pendant-le-confinement-dirige

UAE

Deadlines have not been extended, though various governmental fees have been reduced as of April 5, 2020.

https://bsabh.com/uae-ministry-of-economy-responds-by-reducing-ip-fees/

 

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