The COVID-19 pandemic has meddled with the regular functioning of all sectors. The Intellectual Property Rights sector, too, has faced setbacks in its regular day-to-day activities. Considering the employees working in this sector and the convenience of individuals and companies filing for patents, copyrights, and trademarks, IP offices across the world have come up with new deadlines for their activities.
Here are the latest updates on the deadlines in major IP offices across the world.
Deadline Extensions in WIPO
The Madrid system of the World Intellectual Property Office (WIPO) has offered exceptions to communication from people who have restricted access to offices and the internet due to COVID-19. The concerned user should respond within five days after regaining access to communication. They must submit evidence for a lack of communication.
The latest updates on the extension of deadlines and events in the PCT of WIPO can be found here in the section ‘Practical Advice’ (Page:6).
Download the remedies and extensions offered by the Hague System of WIPO here.
Deadline extensions in IPO
India is on complete lockdown from 25 March to 14 April 2020 and expected to continue further. The Indian Patent Office (IPO) has postponed all hearings between 23 March 2020 and 14 April 2020 until further notice.
The Controller General of Patents, Designs, and Trade Marks (CGPDTM) has announced that “the completion of various acts/proceedings, filing of any reply/document, payment of fees, etc. regarding any IP applications filed with the offices under the administrative control of the O/o CGPDTM is extended time. For the computation of time, shall be the date of next day on which the offices reopen as per Section 10 of the General Clauses Act, 1897.”
Deadline extensions at USPTO
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) have allowed the United States Patent and Trademark Office (USPTO) to extend the deadlines for the following processes:
submitting a reply to a notice from the patent office at the time of pre-examination of patents filed by a small or micro entity;
replying to notice or action issued from the patent office during the process of a patent application or patent examination;
responding to answer from the substitute examiner under 37 CFR 41.50(a)(2);
paying issue fee;
paying maintenance fee by a small or micro entity;
paying appeal forwarding fee under 37 CFR 41.45;
appeal brief under 37 CFR 41.37;
notice of appeal under 35 USC. 134 and 37 CFR § 41.31;
reply brief under 37 CFR 41.41;
amendment when a prosecution is reopened due to, a request for rehearing of, a Patent Trial and Appeal Board (PTAB) decision mentioned as including a new ground of rejection under 37 CFR 41.50(b);
requesting for rehearing of PTAB decision under 37 CFR § 41.52;
requesting an oral hearing before PTAB under 37 CFR 41.47.
The USPTO is also extending the following deadlines in the trademark applications:
replying to an Office action, including a notice of appeal from a final refusal, under 15 USC. § 1062(b) and 37 CFR §§ 2.62(a) and 2.141(a);
giving affidavit of use or excusable nonuse under 15 USC. § l14lk(a) and 37 CFR and also under 15 USC. § 1058(a) and 37 CFR § 2.160(a);
priority filing basis under 15 USC. § 1126(d)(l) and 37 CFR § 2.34(a)(4)(i) and also under 15 USC. § 1141g and 37 CFR § 7.27(c);
application for renewal under 15 USC. § 1059(a) and 37 CFR § 2.182;
submitting the statement of use or requesting an extension of time to file a statement of use under 15 USC. § 1051(d) and 37 CFR §§ 2.88(a) and 2.89(a);
transforming an extension of protection to the United States into a US application under 15 USC. § 1141j(c) and 37 CFR § 7.31(a);
submitting the notice of opposition or requesting an extension of time to file a notice of opposition under 15 USC. § 1063(a) and 37 CFR §§ 2.10l(c) and § 2.102(a);
Duration of Extension: The deadlines due from 27 March to 30 April 2020 for the processes mentioned above, will be extended for 30 days from their initial due date.
Extension of Deadlines in EPO and EUIPO
In Europe Patent Office (EPO), all the time limits that expire on or after 15 March 2020 are extended until 17 April 2020. The users located in areas directly affected by COVID-19 can make use of legal remedies for the time limits that have expired before 15 March 2020. All these remedies and extensions apply to all the representatives and parties involved under the EPC and Patent Cooperation Treaty (PCT) proceedings.
All oral proceedings scheduled until 30 April 2020 stands postponed until further notice. However, the proceedings scheduled to take place through videoconferencing will continue.
The European Union Intellectual property Office (EUIPO) has extended all deadlines expiring between 9 March and 30 April, to 1 May 2020.
Deadline Extension in CIPO
The Canadian Intellectual Property Office (CIPO) accepts orders for intellectual property documents. However, it will process the applications only after 30 April 2020. All deadlines on patents, trademarks, and industrial designs from 16 March to 30 April 2020 are extended till 1 May 2020.
New deadline in the German office
Das Deutsche Patent- und Markenamt (DPMA), the Intellectual Property Office in Germany, has extended its deadlines for all pending procedures up to 4 May 2020.
Deadline Extensions in KIPO
The Korean Intellectual Property Office (KIPO) has extended the deadline for application procedures that are due between 31 March and 29 April 2020 to 30 April 2020. However, the statutory period in the Patent Act (Trademark Act, Design Act, etc.) and the period for possible disputes between parties are not included in the extension. All applicants must refer the appendix for the ex-officio extensions regarding the period for procedures related to patents (utility models, trademarks, etc.).
Relief period from JPO
The Japan Patent Office, in light of COVID-19, has granted a relief period, to perform all the disrupted activities. The applicant must submit a document explaining the circumstances that delayed the process due to COVID-19. Check out the relief period granted for each activity here.
Patent Offices around the world are bent on making the process smooth for all inventors and innovators. Most countries are willing to extend the deadlines until they resume services.
All applicants should stay calm and keep a close watch on the status of their applications amid this COVID-19 pandemic.
