This is the third part of our three-part series on the impact of the COVID-19 on patent offices around the world (Part 1 was on the USPTO and Part 2 was on the Chinese Patent Office). We focus today on the European Patent Office (EPO), which is the regional patent organization for filing and prosecuting European patent applications. While the COVID-19 pandemic continues to affect Europe, the EPO has taken some steps to ease pressure on Applicants and on the Office. The EPO has made a number of announcements regarding coronavirus-related impacts, which are summarized below.

Impact on the EPO

European patent examiners are currently working remotely. Indeed, many have had the option to work remotely prior to the COVID-19 outbreak. Thus, examination of your European patent application is expected to continue without too much additional delay, and in fact, the EPO is continuing to allow Applicants to request accelerated handling.

All oral proceedings in examination and opposition proceedings scheduled until April 17, 2020 have been postponed, unless they have already been confirmed to take place by means of videoconferencing. During this time the EPO will explore options for further facilitating, where applicable, the use of videoconferencing in oral proceedings.

Efforts to Ease the Impact on Applicants

Of note, the EPO announced the extension of certain “periods” of time, including the period to respond to search reports, and the period to enter the European national stage. Relevant periods of time expiring on or after March 15, 2020 are extended until April 17, 2020.

However, the EPO’s current extension is not a blanket extension of deadlines. For example, there is no extension of deadlines to pay certain renewal fees, and to file divisional applications (divisional applications must still be filed prior to publication of the grant of a patent). Importantly, the EPO’s deadline extension does not create a grace period to file a patent application following a public disclosure.

Wilson Sonsini does not foresee our need to utilize the extended deadlines, and we are fully prepared to meet all non-extended deadlines. Indeed, we recommend not relying on the extension unless there is an exceptional circumstance. Also, bear in mind, the EPO official fees are increasing by about 4 percent—5 percent on April 1, 2020 and thus taking advantage of the extended periods may result in unnecessarily increased fees.

If you were not able to meet a deadline prior to March 15, 2020 (the date the extension period started) because you are located in areas directly affected by disruptions due to the COVID-19 outbreak. Certain remedies may be available. Key to accessing such remedies is acting quickly if a deadline is missed.

If the COVID-19 pandemic continues to disrupt operations at the EPO after April 17, 2020, the EPO may issue further extensions and delays for various deadlines.