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COUNTRY
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CURRENT STATUS
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Afghanistan
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The Afghanistan Patent and Trademark Office (APTO) suspended all operations until May 9, 2020 as part of the shutdown of all government offices in Kabul. All deadlines falling due during this time are extended to the first working day when the APTO reopens.
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Algeria
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The Intellectual Property Office of Algeria (INPAI) has announced limited working hours from 8:30 am to 12:30 pm (local time). A one month grace period will be granted once the INPAI has returned to normal business hours.
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Andorra
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Closed as of March 18, 2020 until further notice. All deadlines are postponed until the office reopens.
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Argentina
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The Argentinian Patent and Trademark Office suspended all activity until April 26, 2020. All new filings with priority due dates falling within this term can be completed on April 27, 2020. All due dates falling within this period will also be extended to April 27, 2020.
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Australia
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The Australian Patent and Trade Marks Office (IP Australia) issued a notification recognizing that the COVID-19 outbreak is an unprecedented situation that may impact the ability of applicants and their representatives to process applications.
Where an applicant cannot act within time due to the COVID-19 outbreak, an extension of time may be available. Requests for extensions of time will need to be made in the normal way, accompanied, where required, by a declaration setting out how the COVID-19 outbreak interfered with the filing of a timely response. Requests for waiver or refund of the fee for the extension of time will be considered on a case by case basis.
Applicants should note that some time periods cannot be extended.
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Austria
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The Austrian Patent Office (APO) has announced that all time limits that were still open on March 16, 2020 before the APO (e.g. time limits for comments on notices or time limits for the submission of a counter-statement in bilateral proceedings) have been suspended until April 30, 2020. The time will begin to run again on May 1, 2020. The APO may also set a new deadline of May 1, 2020 where appropriate.
Time limits for appeals which have not yet expired by March 22, 2020 will also be suspended until April 30, 2020 in accordance with the Federal Act on Accompanying Measures for COVID-19 in the Judiciary. The time for appeals will begin to run again on May 1, 2020.
All other deadlines arising directly from the law (e.g. opposition and appeal deadlines) cannot be extended and the due dates for annual renewal fees remain unchanged.
More particularly as to Trademarks, the APO has stated they have been forced to change their procedures. Therefore, there may be delays in trademark services (such as a PreCheck Trademark Report).
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Bahamas
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The Industrial Property Office of the Bahamas has made no announcements regarding COVID-19 at this time. The country confirmed its first case of COVID-19 on March 24, 2020 so the situation may change.
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Brazil
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All deadlines are postponed until April 30, 2020.
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BOIP (Benelux Trademarks Office) Belgium, Netherlands, and Luxembourg
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As long as there are emergency restrictions in the countries of Benelux, no case will lapse because the term expired from March 16, 2020 until such restrictions are lifted and a “Business As Usual” (BAU) date is set. As soon as the restrictions are lifted, in all cases there will be a term of at least one month from the BAU date.
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Canada
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The Canadian Intellectual Property Office (CIPO) announced that all deadlines on IP matters falling between March 16, 2020 and April 30, 2020 will be extended.
The result of designating these days is that if a time period is fixed under the Patent Act, Trademarks Act and Industrial Design Act then all such time limits ending on any of these designated days will now be extended until May 1, 2020.
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Chile
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The National Institute of Industrial Property (INAPI) announced the following in view of the COVID-19 pandemic:
1.- Extension of deadlines in administrative procedures by resolution: in the case of contentious procedures, it may be extended by the number of days the impediment lasts.
2.- Power of Attorney: considering that in many cases it will not be possible to obtain the original documents, deadlines will be made with the aim of giving the party a longer period to respond with the signed electronic document. If the user has the original document, he/she may electronically attach a letter stating as such. A note will be made in the file and no delay will be sited as long as he/she then submits the original document within 15 days.
3.- Test hearings: if a prior appointment had been made, a new date and time will be given. Furthermore, at least an extension of 15 days will be considered in the first stage.
4.- Hearing of exhibition of evidence in kind: in the case of trademark procedures, the office will consider ministers of faith as qualified notaries.
5.- Final payments: the presentation of final payment documents for patents, models and designs (including decades and five years) that are scanned and attached to an online brief will be accepted within a period of not more than 15 days past the due date.
6.- Payment of taxes for appeal: pdf proof of payment made in a bank institution in conjunction with a letter of appeal will be accepted.
7.- INAPI operation: face-to-face opening hours will start at 10:00 am and end at 1:00 pm (local time). In-person meetings will be exclusive to users who have essential consultations and procedures that cannot be carried out by other means and who have requested a time reservation through the institutional telephone platform.
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China
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China’s National Intellectual Property Administration (CNIPA) will waive late fees for missed patent annuity payments if the reason can be traced back to the COVID-19 epidemic.
CNIPA recommends that trademark applications, as well as 23 other proceedings (including change recordals, renewals, assignments, etc.) be filed online. E-payment options have been made available for public access. As an alternative, submissions in writing can be sent through the mail.
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Djibouti
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The Trademark Office in Djibouti suspended all operations until further notice. Any deadlines will be extended when the office reopens for business.
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Egypt
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The Patent and Trademark Office in Egypt is temporarily closed from March 22, 2020 to April 26, 2020. Any deadlines are automatically extended to the first working day. The Trademark Office is starting an electronic payment service for Trademark procedures during the closure period. The Egyptian Patent Office will continue to accept electronic payment for annual fees, examination fees, translation/reviewing fees for priority claims, and replies to any official notifications as well as copies of any documents through their e-mail address.
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Eurasian Patent Office
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Due to the presidential decree in the Russian Federation, the Eurasian Patent Office (EAPO) is only partially operational from March 29, 2020 to May 5, 2020. All deadlines falling within this period will automatically be extended to May 6, 2020. The EAPO has also announced amendments to their work processes. Applicants and their representatives will not be able to access the EAPO premises until May 6, 2020. Paper documents will be accepted through the Russian Post. For documents relating to a Eurasian application or a Eurasian patent, any document sent in facsimile form, by email or through an FTP server within the established time limit will be considered submitted on time as long as the original is received no later than one month after the date when the ban on physical access is revoked.
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European Patent Office
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EPO staff are working remotely and continuing to examine applications. The EPO has extended until May 4, 2020 all routine official action deadlines which fall on or between March 15, 2020 and May 4, 2020. This deadline extension is only for routine official actions and does not apply to some circumstances such as the filing of a divisional application. Should disruptions continue, the EPO has announced it is willing to increase this extension or offer additional remedies.
With respect to time limits expiring before March 15, 2020, the EPO will facilitate the use of legal remedies for users located in areas directly affected by disruptions due to the COVID-19 outbreak. The extensions and remedies apply to parties and representatives in proceedings under the EPC and the PCT.
The EPO has decided to postpone until further notice all oral proceedings in examination and opposition proceedings scheduled until April 30, 2020, unless they have already been confirmed to take place by videoconferencing. During this time, the EPO will explore options for further facilitating, where applicable, the use of videoconferencing in oral proceedings.
Oral proceedings will not be held in the premises of the Boards of Appeal until April 30, 2020. Concerned parties will be contacted accordingly with a communication.
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European Union
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EUIPO staff are working remotely and continuing to examine applications. All terms between March 9, 2020 and April 30, 2020 will be extended to May 1, 2020. However, Friday, May 1, 2020 is an official holiday, such that all terms are effectively extended to Monday, May 4, 2020.
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France
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The National Institute of Industrial Property (INPI) is now extending the time limits for patents, trademarks and designs by 4 months, with the exception of the deadlines for the anti-industrial procedure trademark registration, the 3 month time limit on priority documents, the time limits on opposition procedures and the time limits imposed on the INPI to make decisions that are prescribed by the Intellectual Property Code.
The deadlines that are already set and not due on or before March 16, 2020 are also increased by 4 months.
Furthermore, in the event of non-compliance with a deadline, there are procedures for restoration appeals or forfeiture statements with the INPI. The ongoing health crisis will be taken into account when considering these remedies.
The INPI will remain open 7 days a week, 24 hours a day during this period of crisis. INPI's review and issuance of industrial property titles will continue.
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Greece
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The Greek Patent and Trademark Office’s remain open for e-filing services. Deadlines such as those for EP validations, payment of patent annuities, filing of SPC’s with or without pediatric extensions, designs and utility models, and priority claims remain unchanged and are not extendible.
Power of attorney forms should be forwarded to the office initially by email while the originals may follow by courier. Change recordals and patent licenses are not affected at this time. There are no available provisions for re-establishment of rights.
Trademark e-filings and e-renewals may continue without disruption. There may be delays for exceptional cases with discrepancies between the entries in the Greek Register and the TMVIEW tool. Deadlines set by Examiners for reply and deadlines for opposition, revocations and invalidity petitions are suspended until May 11, 2020. The Greek Trademark Office reserves the right to shorten or prolong the length of said suspension. All hearings scheduled for the Administrative Trademarks Committee have been postponed until further notice. Civil actions for Trademark and other IP infringements can still be filed but all hearings will be suspended until April 10, 2020.
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Germany
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The German Patent and Trademark Office confirmed that it cannot extend time limits specified by law, but reminded users that they can request re-establishment of rights if IP rights are lost as a result of the pandemic.
With regard to all pending IP procedures, time limits granted by the German Patent and Trade Mark Office are extended, and no decision will be made because of the expiration of any time limit, until May 4, 2020. Separate notices concerning the extensions of time limits will not be issued. In addition, the time limits to be set by the German Patent and Trade Mark Office will be as generous as the situation requires.
The German Patent and Trade Mark Office is not authorized to extend time limits provided for by law. In this respect, reference is made to the option of re-establishment of rights (see also Notice of the German Patent and Trade Mark Office of March 3, 2020).
The below policies apply to hearings and oral proceedings:
• Summons to appear in hearings or oral proceedings will no longer be issued, whether the proceedings are unilateral or multilateral.
• Hearings and oral proceedings that have been scheduled will not take place until further notice and are cancelled ex officio. Cancellation ex officio will be notified in writing.
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Hong Kong
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The Patent and Trademark office in Hong Kong has announced that all patent, trademark, and registered design filing deadlines falling between March 23, 2020 and April 24, 2020 have been extended to April 27, 2020.
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India
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The Intellectual Property Office (IPO) has issued a statement declaring the closure of all IPO offices until May 3, 2020.
All hearings with the Patent Office through video conferences scheduled between March 23, 2020 and May 3, 2020 have been canceled. Dates for rescheduled hearings will be communicated shortly.
All due dates falling between March 23, 2020 and May 3, 2020 will be extended accordingly.
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Indonesia
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The Directorate General of Intellectual Property (DGIP) has announced that where deadlines can be met by online filings (i.e. new patent and trademark applications, responses to trademark office actions and some patent office actions, trademark oppositions and rebuttals, patent annuities and requests for substantive examination for patent applications that were filed online), the deadlines remain unchanged. For other patent deadlines, the DGIP has postponed deadlines until further notice. Deadlines for other trademark appeal deadlines and the payments of renewal fees have been extended until May 21, 2020.
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Iran
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The Iranian Offices have temporarily decreased working hours and are closing at 1 p.m. (local time). For now, all actions can be undertaken without disruption.
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Iraq
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The Trademark Office in Iraq extended its suspension of operations until April 26, 2020. All deadlines have been automatically extended to April 26, 2020.
The Trademark Office in the Kurdish Region of Iraq suspended all operations until May 2, 2020. Any deadlines falling between March 18, 2020 and May 1, 2020 are automatically extended to May 2, 2020.
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Israel
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All deadlines remain in effect. No deadlines will be automatically extended. A request for an extension can be filed and the Corona epidemic will qualify as a sufficient reason for any delay so long as the proper documents detailing the Corona related events have been submitted. To give applicants more time to submit their requests for extensions, the ILPO will not close any files due to a failure to respond until May 1, 2020, or until further notice, whichever is later.
Circumstances relating to the Corona epidemic can likely be considered a "reasonable cause" and/or "circumstances over which the applicant and his representative had no control and which could not be prevented" as per Section 164 of The Patents Law, 5727-1967, And Section 100 of The Designs Law, 5777-2017. Also, said events can likely be considered to warrant deadline extensions in trademark and design matters as per Section 82 of The Trademarks Regulations 1940 and Section 54 of The Designs Regulations, 1925.
Due dates for pending proceedings before the court of authority are postponed until May 1, 2020.
There are deadlines set in the legislation which cannot be extended including those enumerated in articles 18(b)(3) regarding submitting documents by third party, 30, 56, 57, 61, 64e(e)(2), 64f, 64m, 64o(a), 73(c) and 170(c) (submitting opposition, payment of renewal fees, submitting requests for Patent Term Extension) in the Patents Law 5727-1967, the deadline for submitting a trademark opposition according to article 24 of the Trade Marks Ordinance (New Version), 5732-1972, the deadline for submitting a renewal fee and for submitting a request to reinstate a trademark according to article 33 of the ordinance, requests to reinstate a design, to pay design renewal fees and requests to reconsider a design rejection, according to articles 40, 41, 43 and 30 of the Designs Law, 5777-2017. All applicants and legal representatives, please note these fixed deadlines.
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Italy
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The Italian Patent and Trademark office suspended all deadlines between February 23, 2020 and May 15, 2020.
All intellectual property rights expiring between January 31, 2020 and April 15, 2020 will remain valid until June 15, 2020 (this does not apply to international trademark applications).
The suspension does not apply to terms relating to appeals before the Board of Appeals or the Appeals Commission.
The suspension does not apply to international patent applications, European patent applications, international trademark applications, and international trademark renewal applications.
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Japan
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The Japan Patent Office (JPO) has announced if you are not able to carry out proceedings directed towards applications or trials/appeals pending at the JPO within the designated time limits due to COVID-19, you can attach a document to your response explaining the circumstances that prevented you from filing the document in a timely fashion. By doing so, the proceeding will be considered to be valid even after the designated time limits expired if it is found to be necessary.
If you are unable to carry out certain proceedings due to COVID-19 within the procedural periods specified by law or governmental and ministerial ordinances, you may only carry out the proceeding within the designated relief period.
When conducting the proceeding, you must attach a document explaining the circumstances that prevented you from filing the document in a timely fashion due to COVID-19. When the JPO recognizes the necessity, the procedures will be considered to be valid.
A list of procedures that must be carried out within 14 days or 2 months from the time it becomes possible can be found in the link below:
JPO COVID-19 Procedures
For priority claims, you must file the claim within 2 months of the expiration date to receive a proper priority claim.
For all Patent Cooperation Treaty (PCT) applications, the JPO insists you carry out your proceedings as soon as possible. Documents can be filed no later than 6 months after the prescribed deadline has lapsed.
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Jordan
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The Patent and Trademark Office in Jordan suspended all operations until April 30, 2020. Any deadlines falling between March 18, 2020 and April 30, 2020 are automatically extended to the next working day.
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Kuwait
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The Patent and Trademark Office in Kuwait has issued an update announcing that it will resume operations on April 26, 2020. Any deadlines falling between March 12, 2020 and April 26, 2020 are automatically extended to May 4, 2020.
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Lebanon
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The Lebanese Patent and Trademark office has resumed operations with a limited staff. They are giving priority to handling applications with deadlines, renewals and annuities.
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Libya
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The Patent and Trademark Office in Libya announced that it suspended operations until further notice. Any deadlines from March 22 until operations resume are automatically extended.
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Malaysia
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The Malaysian Patent Office (MyIPO) is closed until April 28, 2020. All trademark renewals expiring between December 27, 2019 and May 14, 2020 are extended to May 15, 2020. All appeals and oppositions falling during this period will be rescheduled. All patent renewal fees falling due between March 18, 2020 and May 14, 2020 are extended to May 15, 2020. All manual filings with priority deadlines due within the affected period are extended to May 4, 2020.
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Mexico
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The Mexican Institute of Industrial Property (IMPI) and Mexican Copyright Office (INDAUTOR) will remain open until further notice. Deadlines continue to run.
The Mexican Federal courts have announced a suspension of activities from March 18, 2020 through May 4, 2020 due the coronavirus epidemic. All deadlines falling within that period will be suspended. New applications can still be pre-filed online along with a digital signature. Online motions related to cases that have already been prosecuted may also be digitally signed.
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Morocco
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The Patent and Trademark Office in Morocco has announced that as of March 28, 2020 all deadlines have been suspended until further notice.
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New Zealand
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All Intellectual Property Offices of New Zealand (IPONZ) services are currently operating as usual. If circumstances related to COVID-19 have affected you or are affecting your ability to respond by a deadline, you may send a request to the IPONZ for an extension of time to meet that deadline. The IPONZ will assess extension of time requests on a case-by-case basis.
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Pakistan
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Provincial Government locked down the province and the city of Karachi. The Pakistan Patent Office is situated in Karachi and thus will suspend all operations until April 30, 2020. All deadlines that run during this period will be extended to April 30, 2020.
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Palestine
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(Gaza)The Patent and Trademark Office in Gaza announced that it has suspended operations until further notice. Any deadlines that have come to pass since March 22, 2020 will automatically be extended until the Patent and Trademark Office reopens.
(West Bank) The Patent and Trademark Office in West Bank announced that it has suspended operations until further notice. Any deadlines that have come to pass since March 22, 2020 will automatically be extended until the Patent and Trademark Office reopens.
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Peru
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The Peruvian government has declared a period of National Emergency until April 26, 2020. The National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) has closed their office until further notice. Legal and administrative terms are suspended.
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Philippines
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All operations have been suspended from March 16, 2020 until May 15, 2020. All deadlines will be extended by 60 days from their respective due dates. Letters, queries, or any other written communications may be filed beginning May 16, 2020.
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Poland
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On March 31, 2020, the Polish government announced an anti-crisis shield. Time limits for filing objections for trademark applications and submitting translations for patent applications that run from March 8, 2020 to June 30, 2020 will be extended to July 1, 2020. All time limits relating to judicial proceedings, as well those provided for in administrative law, are suspended until further notice.
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Portugal
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While patent and trademark operations continue, all procedural time limits were suspended from March 12, 2020 until April 16, 2020. All time periods have now begun to run again as normal.
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Qatar
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As of April 13, 2020 the Intellectual Property Directorate in Qatar is still operating but in a limited scope. All official deadlines due as of March 13, 2020 have been extended. The submission of any documents required to complete new filings, oppositions or responses to office actions can be filed after the COVID-19 pandemic is over without penalty. The extension for the submission of past due documents does not apply to annuities, examination or grant fees for patent or trademark renewals. Other services such as recordals of assignments, changes of names or addresses and requests for certified copies of registration certificates/excerpts of trademarks are temporarily suspended until further notice.
The following services are still being provided by the Directorate:
1. Deposits of copyright applications and related rights.
2. Issuances of deposit certificates.
3. Obtaining a certified duplicate copy of deposit certificates.
4. Obtaining certificates to “whom it may concern”.
Patents
1. Filing new patent applications.
2. Amendments, corrections or additions of patent applications.
3. Publications of patent grants.
4. Issuances of patent grant certificates.
5. Technical searches prior to filing patent applications.
6. Payments of examination fees.
7. Requests for the prior examination of PCT applications.
8. Obtaining extracts and information from patents.
9. Applications for contractual licenses of patent use and obtaining certificates to use.
10. Assignment recordals of patents and obtaining assignment certificates of patents.
11. Appeals to rejections of a patent.
12. Oppositions to a patent application.
13. Payment of annuity fees.
Trademarks
1. Filing new trademark applications.
2. Publications of trademark applications.
3. Registrations of trademark applications.
4. Oppositions to trademark applications.
5. Requests for hearing sessions for opposition cases.
6. Appeals against the registrar’s rejection decisions of trademarks.
7. Searches for trademarks.
8. Renewals of trademark registrations.
9. Amendments of trademark applications and their related publications.
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Romania
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A national state of emergency was announced by Romania on March 27, 2020. The state of emergency will run indefinitely until further notice. The Romanian State Office for Inventions and Trademarks (OSIM) will follow the guidance of the Romanian government. All applicants may still file their applications through electronic means or by post. However, all time limits related to the procedures before OSIM shall not run and time limits which had already run shall be suspended. All time limits will run or continue, respectively, after the state of emergency has ended.
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Russia
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By presidential decree, the days of April 2, 2020 to April 30, 2020 have been officially declared non-working days. The Russian Patent and Trademark Office (Rospatent) will only be partially operational during this time. All deadlines falling within this time period will automatically be extended to May 4, 2020. Hearings at Rospatent’s Chamber for Patent Disputes will be held remotely as teleconferences until May 8, 2020. Paper documents will only be accepted by Rospatent through the Russian Post and via a contactless box. Rospatent encourages applicants to use specialized secure electronic channels for delivering documents.
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Saudi Arabia
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The Saudi Authority for Intellectual Property, or SAIP, announced that it is operating online. Applicants cannot submit original documents until further notice. Official deadlines for the submission of documents have been extended until May 3, 2020. The E-copies of notarized and legalized documents can only be submitted within a new deadline to be announced by the SAIP at a later stage.
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Singapore
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All deadlines falling between April 7, 2020 and May 7, 2020 have been extended to May 8, 2020.
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Spain
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The state of emergency in Spain has been extended to May 9, 2020. All deadlines in administrative proceedings currently pending before the Spanish Patent & Trademark Office (SPTO) have been suspended until the state of emergency has been lifted.
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South Africa
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The President has announced a total lock down of South Africa including the Patent and Trademark office from March 26, 2020 until April 30, 2020. Certain automated services will become available again on April 1, 2020. Responses to official communications from the Patent and Trademark Office, documents relating to extensions of any time periods, documents relating to legal proceedings, etc. that fall due during this period will automatically be extended to May 1, 2020.
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South Korea
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The Korean Intellectual Property Office (KIPO) has announced extensions for designated periods due to the effects of the COVID-19. If the deadline, for a proceeding enumerated in the appendix, ends on a date between March 31, 2020 and April 29, 2020 the deadline will be ex-officio extended until April 30, 2020.
The KIPO also asks customers to use its online services and phone interviews and avoid making physical visits to examiners and/or administrative judges to prevent a possible spread of the coronavirus.
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Sudan
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The Trademark Office in Sudan suspended all operations from March 18, 2020 to May 9, 2020, but will still be accepting new application filings. All deadlines related to procedures currently pending before the Offices will be suspended until May 10, 2020.
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Sweden
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The Swedish Patent and Registration Office (SPRO) stated that their patent, trademark and design experts will continue to work as usual with all applications submitted to SPRO. Work relating to consultancy and search services will also continue.
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Syria
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The Patent and Trademark Office in Syria announced it has suspended operations until further notice. Any deadlines are automatically extended to the first working day that the office reopens.
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Taiwan
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There are no automatic extensions for patent or trademark applicants who fail to comply with a statutory deadline. However, applicants may file a request for reinstatement for failure to comply due to COVID-19. Decisions regarding requests for reinstatement due to COVID-19 will be determined leniently.
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Thailand
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The Thailand Department of Intellectual Property is implementing a grace period. The grace period will apply to all IP-related prosecution process deadlines for anyone who is directly affected by COVID-19. The grace period includes deadlines related to applications, oppositions, registrations, office actions or any payment. It is recommended for an applicant to try to meet their formal deadline. Due to the multiple uncertainties, including document criteria and deadlines on top of the examiner’s/registrar’s own discretion, there are considerable risks involve in relying on the grace period. Furthermore, if the request should fail, it may subsequently cause the related IP matter to lapse.
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Tunisia
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The Patent and Trademark Office in Tunisia (INNORPI) announced that it has suspended operations until May 3, 2020. All deadlines are automatically extended to May 3, 2020. Urgent matters such as priority applications can still be filed online.
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Turkey
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The Turkish Patent and Trademark Office has announced that all deadlines expiring between March 13, 2020 and April 30, 2020 have been suspended. All deadlines falling within the suspended period will be extended to May 1, 2020.
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UAE
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The UAE Patent and Trademark Office is still operating at full capacity. No extensions for any deadlines have been announced as of yet. Original documents can be submitted electronically or sent by courier. The UAE did announce a range of discounts on existing fees for services provided by their Patent and Trademark Office. The discounts are intended to help companies that have been economically impacted by the COVID-19 pandemic.
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United Kingdom
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The UK Intellectual Property Office is currently operating as normal. However, it has said that it will extend deadlines where national and international legislation allows. It has also said that where a deadline has been missed, resulting in a loss of rights, they may be able to restore or reinstate the right depending on the circumstances.
No further physical hearings will be booked or take place until June 1, 2020 (this date will be kept under review)
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United States of America
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In accordance with section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) is extending the time to file certain documents or fees which otherwise would have been due on or after March 27, 2020.
For Patent-Related Deadlines
The due date for any of the proceedings listed below that were due between, and inclusive of, both March 27, 2020 and April 30, 2020, will be extended 30 days from the initial date it was due, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak as defined in subsection (1)(b) which states the following: “A delay in filing or payment is due to the COVID-19 outbreak for the purposes of this notice if a practitioner, applicant, patent owner, petitioner, third party requester, inventor, or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, including, without limitation, through office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered with timely filing or payment.”
The following patent-related proceedings are included:
i) reply to an Office notice issued during pre-examination processing by a small or micro entity;
ii) reply to an Office notice or action issued during examination or patent publication processing;
iii) issue fee;
iv) notice of appeal under 35 U.S.C. § 134 and 37 C.F.R. § 41.31;
v) appeal brief under 37 C.F.R. § 41.37;
vi) reply brief under 37 C.F.R. § 41.41;
vii) appeal forwarding fee under 37 C.F.R. § 41.45;
viii) request for an oral hearing before the Patent Trial and Appeal Board (PTAB) under 37 C.F.R. § 41.47;
ix) response to a substitute examiner's answer under 37 C.F.R. § 41.50(a)(2);
x) amendment when reopening prosecution in response to, or request for rehearing of, a PTAB decision designated as including a new ground of rejection under 37 C.F.R. § 41.50(b);
xi) maintenance fee filed by a small or micro entity; or
xii) request for rehearing of a PTAB decision under 37 C.F.R. § 41.52
With regards to proceedings before the Patent Trial and Appeal Board, a request to the USPTO affirming that a filing due between, and inclusive of both, March 27, 2020 and April 30, 2020 was or may be delayed due to the COVID-19 outbreak as defined above in subsection (1)(b), the PTAB shall provide a 30-day extension of time for:
i) a request for rehearing of a PTAB decision under 37 C.F.R. §§ 41.125(c), 41.127(d), or 42.71(d)
ii) a petition to the Chief Judge under 37 C.F.R. § 41.3; or
iii) a patent owner preliminary response in a trial proceeding under 37 C.F.R. §§ 42.107 or 42.207, or any related responsive filings.
In the event that the USPTO extends a deadline for a patent owners preliminary response or any related responsive filings under subsection (2)(a)(iii), the PTAB may also extend the deadlines provided in 35 U.S.C. §§ 314(b) and 324(c).
For all other situations, a request for an extension of time where the COVID-19 outbreak has prevented or interfered with a filing before the Board can be made by contacting the PTAB at 571-272-9797 or by email at Trials@uspto.gov (for AIA trials), PTAB_Appeals_Suggestions@uspto.gov (for PTAB appeals) or InterferenceTrialSection@uspto.gov (for interferences).
The USPTO is open for the filing of patent documents and fees. Specifically, patent documents and fees may be submitted to the USPTO via: (1) the USPTO's electronic filing system (EFS-Web) (MPEP § 502.05); (2) the United States Postal Service (USPS) by Priority Mail Express® under 37 C.F.R. § 1.10 (MPEP § 513) or with a certificate of mailing under 37 C.F.R. § 1.8 (MPEP § 512); (3) by hand-delivery to the Customer Service Window (MPEP § 501); and (4) facsimile transmission (MPEP § 502.01). AIA trial documents may be submitted to the USPTO via the PTAB E2E electronic filing system under 37 C.F.R. § 42.6, and interference documents may be submitted to the USPTO Interference Web Portal under 37 C.F.R. § 41.106(d)(2). As the USPTO remains open for the filing of documents and fees, the waiver set forth in this notice is available only if the delay was due to the COVID-19 outbreak as defined above. The USPTO will continue to evaluate the evolving situation around COVID-19 and the impact on the USPTO's operations and stakeholders.
In addition to the relief provided above, the USPTO has previously waived the fee under 37 C.F.R. § 1.17(m) for petitions to revive applications under 37 C.F.R. § 1.137, when applicants were unable to timely reply to an office communication due to the COVID-19 outbreak, as described in the Office's March 16, 2020 notice.
For Trademark-Related Deadlines
The due date for any of the proceedings listed below that were due between, and inclusive of, both March 27, 2020 and April 30, 2020, will be extended 30 days from the initial date it was due, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak as defined in subsection (1)(b) which states the following: “A delay in filing or payment is due to the COVID-19 outbreak for the purposes of this notice if a practitioner, applicant, patent owner, petitioner, third party requester, inventor, or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, including, without limitation, through office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered with timely filing or payment.”
The following Trademark-related proceedings are included:
i) response to an Office action, including a notice of appeal from a final refusal, under 15 U.S.C. §1062(b) and 37 C.F.R. §§ 2.62(a) and 2.141(a);
ii) statement of use or request for extension of time to file a statement of use under 15 U.S.C. § 1051(d) and 37 C.F.R. §§ 2.88(a) and 2.89(a);
iii) notice of opposition or request for extension of time to file a notice of opposition under 15 U.S.C. § 1063(a) and 37 C.F.R. §§ 2.101(c) and § 2.102(a);
iv) priority filing basis under 15 U.S.C. § 1126(d)(1) and 37 C.F.R. § 2.34(a)(4)(i);
v) priority filing basis under 15 U.S.C. § 1141g and 37 C.F.R. § 7.27(c);
vi) transformation of an extension of protection to the United States into a U.S. application under 15 U.S.C. § 1141j(c) and 37 C.F.R. § 7.31(a);
vii) affidavit of use or excusable nonuse under 15 U.S.C. § 1058(a) and 37 C.F.R. § 2.160(a);
viii) renewal application under 15 U.S.C. § 1059(a) and 37 C.F.R. § 2.182; or
ix) affidavit of use or excusable nonuse under 15 U.S.C. § 1141k(a) and 37 C.F.R. § 7.36(b).
For all other situations where the COVID-19 outbreak has prevented or interfered with a filing before the Board, a request (in ex parte appeals) or motion (for trial cases) for an extension or reopening of time, as appropriate, can be made.
The USPTO is open for the filing of trademark and TTAB documents and fees. As the USPTO remains open for the filing of trademark documents and fees, the waiver set forth in this notice is available only if the delay was due to the COVID-19 outbreak as defined above. The USPTO will continue to evaluate the evolving situation around COVID-19 and the impact on the USPTO's operations and stakeholders.
The existing procedures to revive an abandoned application or reinstate a canceled/expired registration pursuant to 37 CFR §§ 2.66 and 2.146 remain available to applicants and registrants whose applications and registrations were abandoned or canceled/expired due to the inability to timely respond to a trademark-related Office communication as a result of the COVID-19 outbreak. As described in the Office's March 16, 2020 "Relief Available to Patent and Trademark Applicants, Patentees and Trademark Owners" notice, fees for such petitions are waived.
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Venezuela
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The Autonomous Intellectual Property Service (SAPI) has suspended any in person contact related to the process of the registration of intellectual property indefinitely as of March 16, 2020. All inquiries are to be done electronically or by phone.
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WIPO
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The World Intellectual Property Organization (WIPO) is continuing operations under the Patent Cooperation Treaty (PCT), the Madrid System for the International Registration of Marks, the Hague System for the International Registration of Industrial Designs, the Lisbon System for the International Registration of Geographical Indications as well as administering other intellectual property (IP) and related systems. WIPO’s Arbitration and Mediation Center (AMC) is also continuing its work in processing domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and other alternative dispute resolution cases.
For IP offices and member states, netting payments, as well as monthly and annual distribution payments, are proceeding as scheduled.
All WIPO offices are physically closed for non-essential staff and all events and meetings organized or co-organized by WIPO in Geneva or elsewhere up until the end of May will be postponed, and should that not be possible, canceled. Insofar as the WIPO General Assembly is concerned, consultations are ongoing between the Secretariat, the Chair of the WIPO General Assembly and the Coordinators of the WIPO Regional Groups.
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