Coronavirus Prompts IP Filing Deadline Extensions In International Jurisdictions

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The international intellectual property landscape has also felt the repercussions that the coronavirus pandemic imposes on businesses and government agencies. Many patent and trademark offices have extended filing deadlines and/or closed offices in view of difficulties with staffing and document delivery, as well as to provide relief to the strain many applicants face during this unprecedented situation.

As of the time of this publication, patent and trademark filing deadlines have been suspended in at least the following jurisdictions:

Country

Deadlines Resume

Brazil

4/15/2020

Canada

4/1/2020

Colombia

5/1/2020

EPO (Europe patent)

4/17/2020

EUIPO (Europe trademark and design)

5/1/2020

Malaysia

4/1/2020 or 4/30/2020, depending on the action

Peru

N/A

Philippines

4/15/2020

Spain

N/A

Venezuela

N/A

Noted: The Indian Patent Office will consider extensions of existing deadlines upon receipt of a petition.

The U.S. Patent and Trademark Office (USPTO) has not changed any deadlines at the moment, since most U.S. patent and trademark deadlines are fixed by statute. Additionally, the USPTO remains open for business via electronic filing, phone calls and video conferences.

Because the applicable rules are changing from day to day, we recommend that patent and trademark applicants adhere to original deadlines whenever possible, and check with local counsel in the applicable jurisdiction to confirm what actions will (or will not) fall within the scope of any extended deadlines.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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