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Intellectual Property Updates From the United States, Europe, China, and Canada

As we continue to be affected by the COVID-19 outbreak, Intellectual Property Offices around the world are extending deadlines or making other exceptions to accommodate the challenges inventors and business owners are currently facing. If you have upcoming deadlines and are concerned about being able to meet them due to refocusing or shifting priorities, we highly recommend speaking with your attorney to see if a deadline extension may be applicable.

While subject to change, here’s what some of the Offices are saying:

United States Patent and Trademark Office

March 31, 2020 – “The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27.”

In addition to the relief provided under the CARES Act for certain due dates between, and inclusive of, both March 27, 2020 and April 30, 2020, the USPTO has previously waived the fee under 37 C.F.R. §1.17(m) for petitions to revive applications, 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.

March 16, 2020 – “The United States Patent and Trademark Office (USPTO) considers the effects of coronavirus to be an “extraordinary situation” within the meaning of 37 CFR 1.183 and 37 CFR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners. Therefore, the USPTO is waiving petition fees in certain situations for customers impacted by the coronavirus. This notice does not grant waivers or extensions of dates or requirements set by statute.”

European Patent Office

March 15, 2020 – “In view of the disruptions to public life caused by the COVID-19 outbreak, the EPO has taken measures to safeguard users’ rights. All time limits expiring on or after 15 March 2020 are thus extended until 17 April 2020. As regards time limits expiring before 15 March 2020, the EPO has facilitated 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 following notice provides all relevant information and will be published in the EPO’s March Official Journal. If the disruption should continue after 17 April 2020, the EPO may publish another notice informing users about further extensions and remedies in respect of time limits.”

March 30, 2020 – “The extension of time limits also applies to periods for paying fees, including renewal fees. The following notice contains information about the amounts due following the general fee increase on 1 April 2020. This notice will be published in the April edition of the EPO’s Official Journal.”

China National Intellectual Property Association

January 28, 2020 – CNIPA announced that patentees and applicants can restore their patent rights without payment of a restoration right request fee if lost rights were due to the coronavirus. Applicants and patentees need to submit a request for the restoration of the right, explain the reason, attach the corresponding certification materials, and go through the corresponding formalities before the loss of rights.

March 4, 2020 – CNIPA will waive late fees for missed patent annuity payments if the reason can be traced back to the COVID-19 epidemic.

March 27, 2020 – CNIPA confirms missed deadline policies apply to non-Chinese applicants

Canadian Intellectual Property Office

March 27, 2020 – The CIPO announced that all deadlines on IP matters that fall before 30 April 2020 are now extended until 1 May 2020. A further extension could occur depending on circumstances, the registry added.

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