Jurisdiction
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Status Date
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Patent Office Status
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Known Updates In Consideration of
COVID-19
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United States Patent
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May 4, 2020
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Open, not to public
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Certain deadlines for actions due between March 27, 2020 and May 31, 2020 extended to June 1, 2020. This is in addition to prior 30-day extension and presumed to also require that any delayed filing is accompanied by statement that delay was “due to COVID-19 outbreak” and the USPTO has defined what it considers to be “due to the COVID-19 outbreak”
The deadlines to be extended and requirements for submission are here
Upon request and affirmation that delay is due to COVID-19 outbreak (see above) a 30-day extension for specific PTAB deadlines will be granted; other deadline extensions may be requested (see here for more details)
Fees associated with petitions to revive under 37 CFR 1.137 are waived when applicants were unable to timely reply due to the COVID-19 outbreak as set forth in the USPTO’s March 16, 2020 notice found here
Original handwritten signature requirement waived
Designation of “extraordinary event” and waiver of petition fees in certain situations for customers impacted by coronavirus; this does not affect statutory dates, however
Examiner interviews, PTAB oral hearings and other similar in-person meetings scheduled to take place after March 13, 2020, to be conducted remotely
Congress passed and the President signed legislation (the CARES Act) on March 27 that grants the Director of the USPTO wide discretion to toll, waive, adjust or modify pending deadlines
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Albania
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March 20, 2020
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Open
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Applications to be submitted electronically
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Argentina
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March 18, 2020
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Open
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Deadline that were running on March 12, 2020, are extended to April 26, 2020
Local counsel recommends meeting deadlines where possible
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Armenia
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March 20, 2020
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Open
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Closed to visitors
Electronic filing
Deadlines not postponed
Official documents will not be received until after April 14, 2020
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Australia
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April 25, 2020
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Open
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New streamlined extension process, for applicable missed deadlines with a single sentence declaration that delay was due to COVID-19 outbreak
Extensions available up to three months for many (but not all) patent, trademark, and design deadlines
Streamlined extensions are available at no cost
Some time periods cannot be extended
See IPA website for more details
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Austria
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March 25, 2020
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Open
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Open official time limits extended two months
Deadlines set by law cannot be extended
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Belarus
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March 20, 2020
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Open
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No changes reported
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Belgium
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March 25, 2020
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Open
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Extensions by request
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Benelux (trademarks and designs)
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March 25, 2020
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Open
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Until end of imposed public restrictions BOIP will not withdraw requests or procedures for missed deadlines
One month additional period may be granted for all requests and proceedings for which time limits have expired or are within one month from end or restrictions
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Bosnia & Herzegovina
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March 20, 2020
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Open
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Shortened hours
Electronic communications only
Dropbox open outside premises
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Bulgaria
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March 20, 2020
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Open
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Electronic files preferred
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Brazil
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April 15, 2020
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Open
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In person meetings cancelled
Deadlines postponed to April 30, 2020; but, local counsel strongly advises meeting deadlines where possible
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Canada
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April 2, 2020
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Open
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Expect delays
Deadlines falling within March 16, 2020 through April 30, 2020, extended to next non-designated date
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Chile |
March 27, 2020 |
Open |
Extensions are possible through April 3, 2020
Electronic services are operational
Some accommodations being made for original documentation requirements
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The People's Republic of China
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March 27, 2020
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Open
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Where a party has missed the deadlines thus resulting in the loss of his/its rights due to the impediments caused by COVID-19, he/it may, within two months as of the removal of the impediments (e.g., lockdown released), or at the latest within two years as of the expiry of that deadline, request the China National Intellectual Property Administration (CNIPA) to recover his/its rights
A similar rule applies to layout-designs of integrated circuits (see No. 350 Announcement of the CNIPA, January 28, 2020)
The rule above does not apply to the deadlines provided in Article 24 (grace period of novelty), Article 29 (priority), Article 42 (patent term), and Article 68 (statute of limitations and other litigation-related time periods) of the China Patent Law
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Croatia
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March 20, 2020
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Open
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No changes reported
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Czech Republic
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March 20, 2020
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Open
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Visitor access in special cases only
Electronic filing, filing by mail
No extensions yet
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Estonia
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March 20, 2020
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Open
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Closed to visitors
Electronic filing, filing by mail
No extensions yet
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Eurasian Patent Office |
March 27, 2020 |
Open |
Following Russian closure policy; dates to be extended to April 6, 2020
Closed to visitors until April 15, 2020
Electronic filing recommended in both Eurasian and Russian patent offices due to limited ability to handled paper filings
EAPO file limit is 10Mb
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EUIPO
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May 4, 2020
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Open
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Deadlines expiring between March 9, 2020, and May 17, 2020, are extended to May 18, 2020
In person oral proceedings until April 17, 2020
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European Patent Office
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May 4, 2020
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Open
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All deadlines after March 15, 2020, extended to June 2, 2020, EXCEPT divisional applications must still be filed during pendency of an EP application and deadlines for making final submissions before oral proceedings are not extended (details can be found here)
Some additional accommodations made for late filings
No oral hearings scheduled until May 15, 2020, unless already confirmed as video hearing
Oral proceedings at examination division noticed on or after April 2, 2020, to be held by videoconference
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Finland |
April 2, 2020 |
Open |
Extension requests for trademarks and designs available with fees |
France
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March 25, 2020
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Open
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Deadlines for designs not expired on March 16, 2020, extended four months
Deadlines noticed during outbreak and one month beyond extended four months
Petitions for relief will be considered where restoration is necessary
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Georgia
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March 20, 2020
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Open
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Electronic filing possible
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Germany
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March 25, 2020
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Open
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Prosecution deadlines set by patent office extended until May 4, 2020
Deadlines set by law cannot be extended
Restoration petitions will be considered
Scheduled hearings and oral proceedings cancelled
Electronic filing recommended to avoid further delays
Certificate issuance to be delayed
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Hungary
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March 20, 2020
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Open
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Efiling and mail operating
In-person meetings only in exceptional circumstances
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India
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April 17, 2020
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Closed
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Offices closed starting March 25, 2020 through May 3, 2020
All dates, timelines, and periods in regard to IP applications are extended to the date the office reopens
Electronic filings are still permitted
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International Bureau (i.e., The Receiving Office for Patent Cooperation Treaty (PCT))
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March 31, 2020 |
Open |
The International Bureau remains in full operation
All communication by postal mail suspended until further notice; all PCT-related documents to be sent only via email to the address provided in relation to each international application
PCT-related documents are also available through ePCT and also on PATENTSCOPE for published international applications
The International Bureau urges PCT users to urgently provide the contact email address in relation to their pending international application(s) if not currently provided (see instructions at Transmission of paper documents to and from the International Bureau during the COVID-19 pandemic)
All PCT users are strongly encouraged to avoid PCT-related submissions by postal mail and to communicate with the International Bureau exclusively by appropriate electronic means
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Ireland
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April 2, 2020
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Open
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Deadlines extended to April 19, 2020
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Israel
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Open
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Operating with reduced manpower until May 1, 2020, unless extended with resulting reduction in number of applications being examined
No reception hours
All departments have an answering service
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Italy
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|
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Deadlines suspended from 23 February 23, 2020 to April 15, 2020
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Japan |
April 3, 2020 |
Open |
The delay or lapse of due dates may be remedied if such delay or lapse were caused by the influence of COVID-19 infection; documentation to explain the circumstances why necessary procedures could not be performed must be submitted
PCT national phase may be filed up to six months late
New applications with Paris Convention Priority should be filed within two months of priority due date expiration
Late office action response accepted if necessity found
Late Examination required if filed within two months of possible filing and within two years after original due date
Maintenance fees can be paid two months after possible filing and within six months of original date
Other procedural remedies may be available
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Kazakhstan
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March 20, 2020
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Open
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No visitors
All communication electronic except for those require handwritten signature
No extensions yet
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Kosovo
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March 20, 2020
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Open
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Reduced staff
Filing receipts intermittently mailed
No extensions yet
No electronic filing yet
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Latvia
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March 20, 2020
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Open
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No visitors
Electronic communication only
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Mexico
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April 20, 2020
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Closed to May 4, 2020
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March 24, 2020, through April 19, 2020, inclusive to be deemed non-working days; filings during this period will be accorded date of first working day after this period
Filings and payments can still be made electronically and physically
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New Zealand |
March 27, 2020 |
Open |
All services operational
Requests for extensions due to COVID-19 impact will be addressed on a case-by-case basis
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Moldova
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March 20, 2020
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Closed
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Closed until May 15, 2020
Electronic filing possible
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Montenegro
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March 20, 2020
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Open
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Awaiting electronic filing enablement
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North Macedonia
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March 20, 2020
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Open
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Receiving registered mail, no deadlines extended
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Norway
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March 25, 2020
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Open
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Extensions of at least two months will be granted for those affected by COVID-19 outbreak only for deadlines set by NIPO and extensions must be requested prior to original deadline
Restoration of rights petitions to be considered
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Poland
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March 20, 2020
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Open
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Hearings postponed
No deadlines postponed
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Romania
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March 20, 2020
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Closed
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Deadlines postponed but electronic filing for deadlines is still possible
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Russia
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March 27, 2020
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Closed
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The week starting March 30, 2020, is declared a week off and Russian Patent and Trademark Office will not be operational
All deadlines will be extended to next working day
Eurasian Patent office plans to be partly operational and in remote mode, though deadlines will also be extended
Electronic filing recommended in both Eurasian and Russian patent offices due to limited ability to handled paper filings
Hearings in Russian Courts suspended until at least April 10, 2020
Hearings at Rospatent’s Chamber for Patent Discputes to be held remotely until May 8, 2020
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Serbia
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March 20, 2020
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Open
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Electronic filing or by mail
No deadlines extended
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Slovak Republic
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March 20, 2020
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Open
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No visitors
Electronic filing and mail filing
No deadlines extended yet
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Slovenia
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March 20, 2020
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Open
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Electronic filing (for some documents) or by registered mail, fax
No extensions yet
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South Africa |
March 26, 2020 |
Closed |
All services shut down from March 24, 2020, with the intention of reopening on April 30, 2020 (but note that May 1, 2020 is a holiday in South Africa)
Electronic platforms are still available
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South Korea |
March 27, 2020 |
Open |
Deadlines arising in prosecution matters during the designated period are automatically extended to April 30, 2020; but, this does not apply to national phase filings, Paris Convention filings, requests for examination, request for re-exam against final rejection, and notice of appeal
Revival available if abandonment due to COVID-19 outbreak on request submitted within two months from lapsed date
Expedited review may be available for COVID-19-related inventions
Constituents asked to avoid physical visits and use electronic communication means
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Switzerland (and unitary Swiss-Liechtenstein patents)
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March 25, 2020
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Open
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Deadlines set by office with date of between March 21, 2020, and April 19, 2020, now expire on April 20, 2020
Statutory and office time limits set in days are suspended from March 21, 2020, until April 19, 2020
Time limits expiring after April 19, 2020, not impacted
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Ukraine
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March 20, 2020
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Open
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Meetings with applicants cancelled until further notice
Electronic filing or by mail
No extensions yet
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United Kingdom
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April 2, 2020
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Open
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Any deadline falling on March 24, 2020, or later will be extended until the UKIPO notices that the interruption period is ended
No further physical hearings to be scheduled or to take place until June 1, 2020; the office is contacting affected parties
Email services can be used in some circumstances if electronic services not available
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Uzbekistan
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March 20, 2020
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Open
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Electronic filing
No extensions yet
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Vietnam |
March 31, 2020 |
Closed |
Reports of offices open for in-person filings
All deadlines for registration proceedings (i.e., requests for priority rights, subsequent document submission, responses to NOIP’s Decisions/Notices, requests for annuity/renewal of protection titles, appeals and payment of fees) due between March 30, 2020, and April 30, 2020, will be automatically extended to May 30, 2020
Other relief may be available by request for “force majeure” treatment pursuant to Articles 9.4, 9.5 of Circular No. 01/2007/TT-BKHCN as amended and supplemented by Circular No. 16/2016/TT-BKHCN
The PPH pilot program of this year (2020) between the NOIP and Japan Patent Office (JPO) will start from May 4, 2020, instead of April 1, 2020
Starting April 1, 2020, all communication between IPVN and the applicants will be via post or efiling system
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