Global COVID-19 Related Patent Office Status and Deadline Extension Updates

[Updated – November 17, 2020] In view of the COVID-19 pandemic, Faegre Drinker is actively monitoring the response of patent offices around the world. Presented herein is information regarding the status of each foreign patent office and the availability of extensions of time in each jurisdiction.

This information is intended to be used solely as a guide. We will strive to keep it up-to-date, but we suggest that you confirm the information included herein with any patent office and/or licensed patent practitioner in the jurisdiction for which you have a particular interest before taking any action. The materials provided here do not qualify as legal advice nor should they be used to solely guide legal decision-making without further research. If you have any questions, please do not hesitate to contact us.

Africa

Algeria

Office Status Automatic Extension of Deadlines

Open with limited hours

Yes

Algeria: Extension Details

The Intellectual Property Office of Algeria (INPAI) is open with limited working hours from 8:30 am to 12:30 pm. A grace period of one month will be granted once business is back to usual.

Djibouti

Office Status Automatic Extension of Deadlines

Open

Yes

Djibouti: Extension Details

The office is open. Deadlines were suspended while the office was closed.

Egypt

Office Status Automatic Extension of Deadlines

Open with reduced hours

Yes

Egypt: Extension Details

Egypo.gov Website 

The Patent and Trademark Office in Egypt is open with reduced hours.  All deadlines between March 25, 2020 - June 25, 2020 have been extended to June 26, 2020.

All hearings up to April 26, 2020 have been postponed until further notice.


Libya

Office Status Automatic Extension of Deadlines

Open with reduced hours

Yes

Libya: Extension Details

The Patent and Trademark Office in Libya is open with reduced hours.

Morocco

Office Status Automatic Extension of Deadlines

Open

Yes

Morocco: Extension Details

ompic.org.ma Website

The Patent and Trademark Office in Morocco is open.


South Africa

Office Status Automatic Extension of Deadlines

Open

Yes

South Africa: Extension Details

cipc.co.za Website

The Patent and Trademark office is open. 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 were automatically extended until May 4, 2020.


Sudan

Office Status Automatic Extension of Deadlines

Open

Yes

Sudan: Extension Details

The Patent and Trademark Office in Sudan is open.

All deadlines related to procedures currently pending before the Offices were suspended until July 16, 2020.


Tunisia

Office Status Automatic Extension of Deadlines

Open with limited hours

Yes

Tunisia: Extension Details

innorpi.tn

The Patent and Trademark Office in Tunisia (INNORPI) has resumed activity despite the country's ongoing nationwide lockdown. 50% of the registry's central and regional employees have returned to work at the INNORPI headquarters from 8.30 am until 1.30 pm on weekdays.


Asia

Afghanistan

Office Status Automatic Extension of Deadlines

Open

Yes

Afghanistan: Extension Details

The Afghanistan Patent and Trademark Office (APTO) has reopened as of June 1, 2020. All deadlines that fell due during the suspended time period were extended to June 1, 2020. The office is currently processing both existing and new applications.

Cambodia

Office Status Automatic Extension of Deadlines

Open

No

Cambodia: Extension Details

The office is open.

China

Office Status Automatic Extension of Deadlines

Open

No

China: Extension Details

http://english.sipo.gov.cn/news/officialinformation/1147236.htm 

http://english.sipo.gov.cn/news/officialinformation/1145981.htm

China’s National Intellectual Property Administration (CNIPA) is open.

Deadlines have not been extended, but a restoration of right may be available and CNIPA will consider suspending/extending specific deadlines if a party provides evidence that the deadline was/will be missed as a result of the COVID-19 outbreak and the applicant can provide evidence such as local government declarations or announcements of emergency rules, or evidence showing the applicant has been quarantined, or diagnosed with COVID-19. Where a party has lost rights due to the COVID-19 pandemic, it may, no later than 2 years after the pandemic ends, request restoration of those rights.

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.


Hong Kong

Office Status Automatic Extension of Deadlines

Open with limited hours

Yes

Hong Kong: Extension Details

https://www.ipd.gov.hk/eng/whats_new/news.htm

https://www.ipd.gov.hk/eng/ip_journal_notice.htm

The Patent and Trademark office in Hong Kong is open. To reduce the risk of the spread of Covid-19 in the community, the Department will extend its special work arrangements until 30 August, and will keep the situation under close review. The patent office is deferring deadlines falling on any date from 20 July 2020 to 28 August 2020 for filing any document with the Registrars of Patents, Designs and Trade Marks to 31 August 2020.


India

Office Status Automatic Extension of Deadlines

Open but with limited capacity

Yes

India: Extension Details

ipindia.nic.in Website

Office is open, but with reduced capacity.

The Office will begin conducting Show-Cause Hearings through video conferencing if applicants’ consent. 

The Office will begin accepting requests under the Patent Prosecution Highway on August 10, 2020. 

Petitions for Extension of Deadlines under sub-rule (6) of Rule 6 may be submitted no later than one month after the end of the COVID-19 crisis.  
The Office released a memo outlining the amendments to the 2003 patent rules

The Office passed an order on June 19 extending the limitation period for various acts, proceedings, filing of any reply/document, payment of fees, etc. relating to intellectual property matters (IP Filings) due on or after 15 March 2020 until further directions are passed by the Hon’ble High Court of Delhi.

 

 


Indonesia

Office Status Automatic Extension of Deadlines

Efilings (physically closed)

Yes

Indonesia: Extension Details

dgip.go.id Website

The Directorate General of Intellectual Property (DGIP) is physically closed but accepts late filing for any documents due from March 23-May 29, 2020.


Iran

Office Status Automatic Extension of Deadlines

Open

No

Iran: Extension Details

The Iranian Offices are open.

Iraq

Office Status Automatic Extension of Deadlines

Open with limited hours

Yes

Iraq: Extension Details

The Office in Iraq resumed partial operations on April 27, 2020. The office is now open with limited working hours and a reduced staff. Deadlines falling between March 18, 2020, and May 19, 2020, are automatically extended to May 20, 2020.

Israel

Office Status Automatic Extension of Deadlines

Open

No

Israel: Extension Details

justice.gov.il Website

 The ILPO is open with reduced staff.  No extensions of deadlines before the ILPO.

Extensions may be available upon request for certain deadlines if a party does not meet deadline because of circumstances related the pandemic; this does not include the deadline for filing an opposition, paying a renewal fee, or requesting the reinstatement of a trademark, and there also is no special treatment of deadlines deriving from international treaties.

  • Deadlines in proceedings before the Registrar scheduled for execution (before the extension given in the notice) from March 22 to April 1, are postponed until May 15.
  • Deadlines in proceedings before the Registrar scheduled for execution (before the extension given in the notice) from April 2 to May 1, are postponed until June 15.
  • Deadlines in proceedings before the Registrar scheduled for execution (before the extension given in the notice) from May 2 to May 15, are postponed until June 30.

Japan

Office Status Automatic Extension of Deadlines

Open

No

Japan: Extension Details

jpo.go.jp Website

The Japan Patent Office (JPO) is open.

In regard to relief measures for applicants who are unable to deal with specified procedures due to “reasons beyond one’s control” or “legitimate reasons,” the Japan Patent Office (JPO) usually applies such measures based on its Formality Examination Manual, and “Guidelines Concerning Remedial Provisions Applicable after the Expiration of a Time Limit”(PDF:378KB). Nonetheless, when it comes to relief measures for procedures negatively affected by the Novel Coronavirus Disease (COVID-19), the JPO takes the following flexible approaches until further notice (e.g., applicants are not required to submit documentary evidence supporting their reasons). When applicants are unable to implement prescribed procedures due to “reasons beyond their control” within the time limits, they need to carry out procedures to apply for relief measures specified by the JPO within 14 days of the Statutory Time Limits. Applicants or their representatives are required to submit documents by: (1) adding an “Others” column in documents to be submitted and describe on the documents reasons why they have not been able to implement procedures within the time limits; or (2) describing the above reasons in column “Details of statement” in written statements. When applicants are unable to implement prescribed procedures due to “legitimate reasons” within the time limits, they need to submit documents and statements of the grounds for restoration, which describe reasons for the failure to meet the time limit.


Jordan

Office Status Automatic Extension of Deadlines

Open

Yes

Jordan: Extension Details

The Patent Office in Jordan suspended all operations until May 23, 2020. Any deadlines falling between March 18, 2020 and May 22, 2020 are automatically extended to May 23, 2020.

Kuwait

Office Status Automatic Extension of Deadlines

Open with limited staff

Yes

Kuwait: Extension Details

The Patent and Trademark Office in Kuwait is open with limited staff.

Laos

Office Status Automatic Extension of Deadlines

Open

No

Laos: Extension Details

The office is open. Deadlines have not been extended.

Lebanon

Office Status Automatic Extension of Deadlines

Open with limited staff

Yes

Lebanon: Extension Details

The Lebanese Patent and Trademark office is open with limited staff. They are giving priority to handling applications with upcoming deadlines, renewals and annuities.

Malaysia

Office Status Automatic Extension of Deadlines

Open with limited hours

Yes

Malaysia: Extension Details

myipo.gov.my Website

The Malaysian Patent Office (MyIPO) is open with limited hours. Deadlines for office action responses are extended to June 10, 2020. All appeals, opposition and payment due during the affected period are extended to June 16, 2020.  Deadlines for patent and utility innovation renewals that fall between March 18, 2020-June 9, 2020, 2020 are extended to June 16, 2020.


Myanmar

Office Status Automatic Extension of Deadlines

Open

No

Myanmar: Extension Details

The office is open.

No deadline extension due to COVID-19, but deadlines falling between April 10, 2020-April 17, 2020 have been extended to April 20, 2020 for the new year holiday. Otherwise, all deadlines to be complied with.


Pakistan

Office Status Automatic Extension of Deadlines

Pakistan Patent Office is open

Yes

Pakistan: Extension Details

ipo.gov.pk Website

All statutory deadlines for filing new applications or any other proceedings before the Patent Office falling within the period during which lockdown has been imposed by the Government (March 24-July 2) shall be condoned till the first working day that work resumes after the lockdown is lifted by the Governments and the IP Offices resume public dealings.


Palestine

Office Status Automatic Extension of Deadlines

Closed

Yes

Palestine: Extension Details

mne.gov.ps Website

The Patent and Trademark Offices in Gaza and West Bank are closed.

Deadlines that have come to pass since March 22, 2020 will automatically be extended until the Patent and Trademark Office reopens.


Philippines

Office Status Automatic Extension of Deadlines

Open

Yes

Philippines: Extension Details

ipophil.gov.ph Website

The Intellectual Property Office of the Philippines (IPOPHL) is open.

All deadlines falling between March 16, 2020, and April 30, 2020, are extended until June 30, 2020.
All deadlines falling between May 1, 2020, and June 30, 2020, are extended until July 30, 2020. New applications with claims of priority excepted. For deadlines falling from July 20-27, 2020 submissions are extended until August 4, 2020.


Qatar

Office Status Automatic Extension of Deadlines

Open

Yes

Qatar: Extension Details

The Intellectual Property Directorate in Qatar is open.

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.


Saudi Arabia

Office Status Automatic Extension of Deadlines

Efiling only (phyiscally closed)

Yes

Saudi Arabia: Extension Details

saip.gov.sa Website

The Saudi Authority for Intellectual Property (SAIP) is physically closed but accepting filings.

Official deadlines for the submission of documents have been extended until May 3, 2020. 


Singapore

Office Status Automatic Extension of Deadlines

Efiling only (phyiscally closed)

Yes

Singapore: Extension Details

oepm.es Website

The office is physically closed but accepting filings.  All filing deadlines for those required to respond between April 7, 2020 to June 4, 2020 inclusive are extended to June 5, 2020. For fees in relation to actions other than application filing, such as request for renewal, deadlines are extended to June 5, 2020, if they fall within the period of April 7, 2020 to June 4, 2020, inclusive. This extended deadline also applies to cases under the Hearings and Mediation Department.


South Korea

Office Status Automatic Extension of Deadlines

Open

Yes

South Korea: Extension Details

kipo.go.kr Website

The Korean Intellectual Property Office (KIPO) is open.

All non-statutory patent, utility model, design, and trademark deadlines falling between March 31, 2020-May 30, 2020 have been extended to May 31, 2020. The extended deadlines include: responses to requests to amend patent applications or correct deficiencies, submitting responses to non-final office actions, submitting responses to trademark registration oppositions, etc. Petition fees associated with requesting revival of applications that were abandoned or expired due to COVID-19 have been waived.

All statutory deadlines prescribed by law or treaty (e.g., national phase entry of PCT applications, filings under the Paris Convention) and deadlines for possible disputes between parties have not been extended.

All deadlines before the Intellectual Property Trial and Appeal Board (IPTAB) for patents, utility models, designs and trademarks failing between March 31, 2020-May 30, 2020 have been extended to May 31, 2020. For later IPTAB deadlines, requests for extensions of time for reasons related to COVID-19 will be granted if filed before the due date, and requests to revive applications within two months of a lapsed deadline will be granted if a suitable explanatory statement and evidentiary materials are submitted therewith.


Syria

Office Status Automatic Extension of Deadlines

Open with limited hours

Yes

Syria: Extension Details

spo.gov.sy Website

The Office has been reopened to the public since June 1, 2020 after its closure on April 16, 2020.

Office hours are from 9 am to 1 pm. All deadlines that expire on a day on which the Office is not open to the public will expire on the first subsequent day on which the Office reopens.


Thailand

Office Status Automatic Extension of Deadlines

Open

Yes

Thailand: Extension Details

The Thailand Department of Intellectual Property is open.

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. An extension period of 30 days is available by request for the deadlines that fall within the outbreak period. To request such an extension, the applicant or agent must submit evidence which proves that the applicant or agent was affected by the situation (i.e., medical certificate or evidence that shows pandemic spread or official lock-down statement) within 15 days after the situation has normalized


UAE

Office Status Automatic Extension of Deadlines

Open

No

UAE: Extension Details

bsabh.com Website

The UAE Patent and Trademark Office is open.

Deadlines have not been extended, though various governmental fees have been reduced as of April 5, 2020.


Vietnam

Office Status Automatic Extension of Deadlines

Open

Yes

Vietnam: Extension Details

noip.gov Website

The office is open.


Europe

Andorra

Office Status Automatic Extension of Deadlines

Closed

Yes

Andorra: Extension Details

The office is closed.

A one month grace period will be granted once the INPAI has returned to normal business hours.

Austria

Office Status Automatic Extension of Deadlines

Open

Yes

Austria: Extension Details

Patentamt.at Website 

All deadlines that have not expired as of March 16, 2020 have been extended to May 1, 2020. All appeals deadlines that have not expired as of March 22, 2020 have been extended to May 1, 2020.

No extension of Deadlines under the Patent Office Fees Act for the payment of annuity or renewal fees (without prejudice to the possibility of a request for restitution in integrum into a grace period for the payment of these fees) or Time limits due to EU law.

Need to file online, paper submissions will be received but not processed until later.


BOIP (Benelux Trademarks Office) Belgium, Netherlands, and Luxembourg

Office Status Automatic Extension of Deadlines

Open

Yes

BOIP (Benelux Trademarks Office) Belgium, Netherlands, and Luxembourg: Extension Details

BOIP Website

Compliance with deadlines during the period of public health restrictions caused by the corona virus

The BOIP office is open. 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 June 24, 2020. All deadlines currently running that expire on or after June 25, 2020 remain unchanged. All deadlines set from May 25, 2020 and onwards will run as usual, even if the deadline is set to run before June 25, 2020. Any deadline set after June 24, 2020 will not have any extensions. For cases where the deadline for filing an opposition against a trademark application expired or expires between March 16, 2020 and June 24, 2020, an opposition may be filed until June 25, 2020.


Estonia

Office Status Automatic Extension of Deadlines

Open

No

Estonia: Extension Details

Estonian Patent Office Website

Deadlines have not been extended, however, extensions for any office-set deadlines are available upon application. Requests for relief will be handled on a case-by-case basis and proceedings may be suspended for up to 24 months in emergency situations.

The office is open.

Eurasian Patent Office

Office Status Automatic Extension of Deadlines

Open

Yes

Eurasian Patent Office: Extension Details

CORONAVIRUS (COVID-19): important information for users of the Eurasian patent system

The Eurasian Patent Office (EAPO) is open.

Extensions will not apply to the deadline for filing of divisional applications.

For action deadlines falling between March 28 and May 11, extension fees and rules apply as of May 12, 2020.

Patent deadlines for procedural actions relating to application or patents that fall on the dates from March 28 through May 11, 2020 will be extended to May 12, 2020 (the next working day).

Documents submitted via email before the deadline or that require original documents will be considered on time if the original is received at the EAPO within a month of the lifting of the restriction of receipt of documents directly on the premises of the EAPO.


European Patent Office

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

Yes

European Patent Office: Extension Details

European Patent Office Coronavirus (COVID-19) Information

All oral proceedings before the Examining Divisions will continue to take place by videoconference until further notice. Effective January 4, 2021, all oral proceedings before the Opposition Divisions will take place by videoconference. If parties before either Division are unable to appear by videoconference, the oral proceedings will be postponed until after September 15, 2021. Deadlines falling on or after March 15 are extended to June 2. Any documents received late will be deemed to have been received in due time if accompanied with evidence within five days of the end of the disruption, that the delay was caused by the exceptional circumstances within ten days of the due date.


European Union

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

Yes

European Union: Extension Details

European Union Intellectual Property Office Website

The EUIPO office is physically closed but accepting filings. All deadlines between March 9, 2020, and May 17, 2020, were extended to May 18, 2020. The exceptional extensions granted by the Office ended on May 18, 2020. However, the EUIPO acknowledges that some remedies are available for users facing difficulties due to the COVID-19 outbreak. The time limits laid down directly by the Regulations are mandatory and cannot be extended at the request of the parties. However, time limits determined by the Office in ongoing proceedings can be extended under certain circumstances. Upon receipt of a reasoned request, the Office may grant an extension of a time limit it has set. The request must be submitted by a party to the proceedings and before the time limit in question expires.


France

Office Status Automatic Extension of Deadlines

Efilings (physically closed)

Yes

France: Extension Details

INPI: COVID-19 - Time allowed in examination procedures

Effective October 30, 2020 all INPI sites and offices are closed to the public until further notice. Deadlines between March 12 and June 23 are postponed to July 23 if the initial deadline was one month, and August 23 if the initial deadline was equal or greater than 2 months. The Office (INPI) has provided an IP Advice hotline in most regions, available by appointment.


Germany

Office Status Automatic Extension of Deadlines

Open

Yes

Germany: Extension Details

German Patent and Trade Mark Office Notice

The foyer of the Document Receiving Office will be open to the public beginning November 16 so that visitors may observe public notifications of proceedings posted in the office. The Office has also extended its COVID-19 hygiene measures in light of the rise of positive COVID-19 cases throughout the country.

The Office will not schedule further hearings or oral proceedings in IP procedures. Only hearings for which a summons has already been issued will go forward, upon agreement of all parties.

The Office allows parties unable to pay annual, maintenance, extension, or renewal fees due to COVID-19 to submit a request for legal aid or re-establishment of rights if certain requirements are met. More information on such requests is available here.

The Office is asking all applicants to refrain from making any requests that are not absolutely necessary.


Greece

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

No

Greece: Extension Details

Signal Directorate - Trademarks

The Greek Patent and Trademark Office is physically closed but accepting filings.

All deadlines for the submission of documents relating to patents, utility models, SPCs and designs due between March 11, 2020 and 12 June 2020 have been suspended, with the exception of the submission of respective applications and payment of renewal and other fees, which may be only made electronically.


Ireland

Office Status Automatic Extension of Deadlines

Efilings (physically closed)

Yes

Ireland: Extension Details

Intellectual Property Office of Ireland Announcement - Closure Extended

The office is physically closed, but accepting filings.


Italy

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

No

Italy: Extension Details

Italian Patent and Trademark Office

The Italian Patent and Trademark office is physically closed but accepting filings.

All deadlines are suspended between February 23, 2020 and  May 15, 2020, at the request of a party or ex officio.  Any certificates and IP titles expiring between January 31, 2020 - July 31, 2020 will remain valid for ninety days after the Italian government declares an end to the state of emergency.


Norway

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

No

Norway: Extension Details

Coronavirus and NIPO's services

The Norweigan Industrial Property Office (NIPO) is physically closed but accepting filings.  For patents, designs and trade marks, extensions of at least two months will be granted for people affected by COVID-19.

  • Extensions are only available for deadlines set by the NIPO.
  • The extension must be requested before expiry of the original deadline.
  • Where re-establishment is required, it will be sufficient to state briefly that not meeting the specific deadline was not deliberate, and that it was due to Covid-19. In such cases, the NIPO will then take this into account without any further questions.

Portugal

Office Status Automatic Extension of Deadlines

Open

Yes

Portugal: Extension Details

Portuguese Institute of Industrial Property

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.


Romania

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

Yes

Romania: Extension Details

State Office for Inventions and Trademarks

The Romanian State Office for Inventions and Trademarks (OSIM) is physically closed but accepting filings.

All deadlines related to the procedures before OSIM shall not run between 16 March 2020 and 14 May 2020; deadlines which had already run shall be suspended.


Russia

Office Status Automatic Extension of Deadlines

Efiling only (physically closed)

Yes

Russia: Extension Details

CORONAVIRUS (COVID-19): important information for users of the Eurasian patent system

The Russian Patent and Trademark Office is open virtually. All patent deadlines falling between March 30, 2020 - November 30, 2020 have been extended to December 31, 2020.


Spain

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

Yes

Spain: Extension Details

Updated information on the repercussions of COVID-19

The Spanish Patent & Trademark Office (SPTO) is physically closed but accepting filings and fully operational. All deadlines in administrative proceedings currently pending before the Spanish Patent & Trademark Office (SPTO) were suspended during March 14, 2020 and June 7, 2020, and will again begin to run on June 7, 2020. The closure may be extended another 15 days.


Sweden

Office Status Automatic Extension of Deadlines

Open

No

Sweden: Extension Details

Swedish Intellectual Property Office

The Swedish Patent and Registration Office (SPRO) is open. Because of Covid-19 it is possible to have an extra extension of the time limit for responding to the technical opinion in a patent application.  Upon request the Applicant can extend the time limit from two to four months.


Switzerland

Office Status Automatic Extension of Deadlines

Efiling only (physically closed)

Yes

Switzerland: Extension Details

Swiss Federal Institute of Intellectual Property

The Swiss IP Office has no legal basis to 'automatically' extend deadlines. However, as a result of the Federal Council's decision of 20 March 2020 to extend legal holidays in civil and administrative procedures, the majority of time limits for procedures before the IPI were suspended from 21 March until 19 April 2020. Outside this period, applicants can request the extension of a time limit set by the Swiss IP Office (this is not possible with statutory time limits). The Swiss IP Office will exercise its full discretionary powers within the framework of national and international law to support applicants and rights holders where possible if they are threatened with procedural disadvantages due to the new coronavirus.

Applicants can request the extension of a deadline to pay a fee. However, this applies only to deadlines set by the Swiss IP Office, not statutory time limits (e.g. for the payment of a renewal fee). The Swiss IP Office will exercise its full discretionary powers within the framework of national and international law to support applicants and rights holders where possible if they are threatened with procedural disadvantages due to the new coronavirus.


Turkey

Office Status Automatic Extension of Deadlines

Open

Yes

Turkey: Extension Details

Turkish Patent and Trademark Office

The Turkish Patent and Trademark Office is open.

All deadlines falling between March 13, 2020-March 27, 2020 have been extended until May 15, 2020. All deadlines falling between March 28, 2020-April 30, 2020 are extended to a date beyond May 1, 2020 equal to the remaining deadline time as of March 13, 2020 (e.g., a deadline falling on March 28, 2020 had 15 days remaining and is thus extended to May 16, 2020). All deadlines that fall after May 1, 2020, which were instituted prior to March 13, 2020, will have 49 days added to their deadlines.


United Kingdom

Office Status Automatic Extension of Deadlines

Remote filing only
(physically closed)

Yes

United Kingdom: Extension Details

Coronavirus important update on IPO services

The UK Intellectual Property Office is physically closed but accepting filings. The United Kingdom IP Office (UKIPO) has confirmed that its fax service has been turned off, so any documents that cannot be filed online should be sent to a new dedicated email address ('forms@ipo.gov.uk'). This email address replaces a previous correspondence ('paperformcontingency@ipo.gov.uk'), and follows the UKIPO warning of delays to filings and urging users to file via its digital channels.

The office declared 24 March 2020 and all subsequent days interrupted days. This meant that most deadlines for patents, supplementary protection certificates, trademarks, designs and applications for those rights which fell on an interrupted days were extended. The interrupted days period ended on 29 July 2020. To continue to support customers after the end of interrupted days, the following temporary fee changes will apply from 30 July 2020 to 31 March 2021 in relation to patents, trade marks and registered designs (see the website for full details):

fees for extensions of time will be zero there will be no surcharge for payment of a patent application fee after the filing date fees to apply for reinstatement and restoration will be zero for patents and designs there will be no surcharge for late payment of a renewal fee for trade marks the surcharge for payment of a renewal fee late will be £1.


North America

Bahamas

Office Status Automatic Extension of Deadlines

Open

No

Bahamas: Extension Details

The Industrial Property Office of the Bahamas has made no announcements.

Canada

Office Status Automatic Extension of Deadlines

Open

Yes

Canada: Extension Details

Important update on CIPO operations and services

The Canadian Intellectual Property Office (CIPO) is open, but clients should expect some delays. To support clients dealing with the COVID-19, the Canadian Intellectual Property Office (CIPO) put in place several periods of designated days that effectively suspended most deadlines. Most deadlines that fell between March 16, 2020, and August 27, 2020, were extended until August 28, 2020.   Designated days ended on August 28, 2020.  Normal deadlines and fee payment dates are resumed.


Cuba

Office Status Automatic Extension of Deadlines

Open

Yes

Cuba: Extension Details

Cuban Industrial Property Office (OCPI)

The Cuban IP Office (OCPI) has announced on October 12, 2020 that all "services and procedures" have resumed at the office after a period of emergency measures.


Mexico

Office Status Automatic Extension of Deadlines

Open

Yes

Mexico: Extension Details

Mexican Institute of Industrial Property

The Mexican Institute of Industrial Property (IMPI) is open for regular activities as of July 13, 2020. IMPI was closed to the public from March 27 to July 5, 2020. IMPI opened from July 6 to July 10 in order to receive documents only. For the purposes of calculating time limits, expiration of any period during which any document or fee in connection with an international application was required to reach the Office fell on one of the aforementioned days, that period is extended so as to expire on July 13, 2020.


United States

Office Status Automatic Extension of Deadlines

Remote filing only
(physically closed)

No

United States: Extension Details

USPTO notices regarding COVID-19

The USPTO is physically closed but accepting filings. On March 27, 2020, the President signed the “Coronavirus Aid, Relief and Economic Security Act” (CARES Act) that provides temporary authority to the USPTO Director to “toll, waive, adjust, or modify, any timing deadline” under the relevant U.S. patent and trademark statutes. The authority for these actions ends 60 days following the stated end of the emergency. The USPTO has announced relief regarding filings and payments due in patent and trademark proceedings if the filing or payment is accompanied with a statement that the “delay in filing or making such payment is due to the COVID-19 outbreak.” A delay in filing or payment will be considered due to the COVID-19 outbreak if a practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated with the filing or fee was “personally affected” such as by “office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness,” or other circumstances in which COVID-19 materially interfered with timely filing or payment. Specifically:

  • for all patent and trademark deadlines set forth below, filings and payments due between March 27, 2020 - May 31, 2020, will be considered timely if filed on or before June 1, 2020;
  • for small and micro entities, patent filing fees and payments due between March 27, 2020 - September 29, 2020, will be considered timely if filed on or before September 30, 2020; and
  • for large entities, extensions for patent deadlines falling after May 31, 2020, will be available on a case-by-case basis.

Patents

Extendible patent deadlines include:

  • replies to pre-examination notices for small/micro entities, and replies to Office Actions;
  • issue fee payments;
  • notices of appeal, appeal briefs, reply briefs, and appeal forwarding fees;
  • requests for oral hearings before the PTAB;
  • responses to a substitute examiner’s answer;
  • in response to a PTAB decision including a new ground of rejection, amendments when reopening prosecution or requests for rehearing;
  • maintenance fees for small/micro entities;
  • requests for rehearing of a PTAB decision under 37 CFR 41.52, 41.125(c), or 41.127(d); and
  • petitions to the Chief Judge of the PTAB under 37 CFR 41.3.

USPTO has released a form for making a statement of delay due to the COVID-19 outbreak.

The form is accessible via: https://www.uspto.gov/sites/default/files/documents/sb0449.pdf

 On May 8, 2020, the USPTO announced a COVID-19 Prioritized Examination Pilot Program for small and micro entities for applications directed to products or processes subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19. For qualifying applicants, the fees normally associated with prioritized examination are waived.

On June 12, 2020, the USPTO announced special relief for patent applicants, who have been affected by COVID-19, seeking to petition to restore rights of priority or benefit in patent applications. Specifically, if the deadline for requesting restoration of the right of priority to or benefit of a foreign or provisional application for any non-provisional application falls between March 27, 2020 - July 30, 2020, the deadline will be extended to the later of July 31, 2020, or the expiration of the two-month period set forth in 35 U.S.C. § 119. The associated petition fees under 37 C.F.R. 1.17(m) shall be waived as long as a petition to restore rights of priority or benefit in a patent application is accompanied by a statement that the failure to meet the deadline was due to the COVID-19 outbreak.

On June 29, 2020, the USPTO extended the time to pay certain patent-related fees for small and micro entities from July 1 to September 30.  These fees include basic filing fees, issue fees, and maintenance fees.  In addition to this extension, other extensions of time and other relief remain available on a case-by-case basis.  The USPTO has also waived the fee for filing a petition for revival of an abandoned application, so long as the petition is accompanied by a statement explaining how the delay in filing or payment was due to the COVID-19 outbreak.

On September 16, 2020, the United States Patent and Trademark Office (USPTO) announced a collaborative deferred-fee provisional patent application pilot program for inventions that combat COVID-19.


Oceania

Australia

Office Status Automatic Extension of Deadlines

Open (virtually)

No

Australia: Extension Details

Business continuity and the Coronavirus disease (COVID-19) outbreak

A streamlined process for extension of time requests is available from 22 April 2020 until at least 31 January 2021. An extension of time of up to 3 months is available and is free of charge. This arrangement applies to most patents, trademarks and designs extension of time requests but does not apply to extensions of time for payment of renewal or continuation fees. Requests only require a one sentence declaration that a customer is unable to meet a deadline due to disruptions from the COVID-19 pandemic. Previously recipients of a streamlined three-month extension can apply for a further streamlined extension of time for up to 3 months.

For plant breeders' rights, IP Australia will be providing impacted customers with extra time if the legislation allows it.

Fee relief

Associated fees for streamlined extensions are waived to assist the applicants and IP owners impacted by the COVID-19 outbreak. IP Australia has made upgrades to eServices to streamline the process for requesting free extensions of time and to allow fees to be automatically waived.


New Zealand

Office Status Automatic Extension of Deadlines

Open
(physically closed)

No

New Zealand: Extension Details

IPONZ services during COVID-19

Extensions for some deadlines were automatically provided for patents, trade marks, designs, and proceedings cases with due dates on or before 31 July 2020. Other extensions may be provided on a case-by-case basis.


South America

Argentina

Office Status Automatic Extension of Deadlines

Open

Yes

Argentina: Extension Details

National Institute of Industrial Property

The Argentinian Patent and Trademark Office is open, minimum service is provided in person. Users who cannot carry out actions online can make an appointment to attend the office, but the use of online systems is strongly advised.

Legal terms for all procedures have been suspended from March 12, 2020, until the State of Emergency is lifted (at least 11 October 2020).


Brazil

Office Status Automatic Extension of Deadlines

Efilings (phyiscally closed)

Yes

Brazil: Extension Details

National Institute of Industrial Property

The Brazilian Patent Office is physically closed but accepting efilings. All deadlines have been suspended and the days falling between March 16, 2020-May 31, 2020 will not be counted against any running deadlines. Any terms that begin during this period will only start to run as of May 31, 2020. The Brazilian IP Office (INPI) has informed users that it has postponed face-to-face work until at least September due to the evolution of the fight against Covid-19.


Chile

Office Status Automatic Extension of Deadlines

Efilings
(physically open)

Yes

Chile: Extension Details

National Institute of Industrial Property (INAPI)

Hearings for contentious proceedings before the INAPI are suspended until further notice. While continuing to operate most services remotely, the Chilean IP Office (INAPI) has announced a new system that will allow face-to-face processing of exceptional cases, upon request by telephone. The office states that a number of procedures can now be carried out in its office, under strict security measures. These include the delivery of priority certificates and sworn statements without an electronic signature, and applications for appellation of origins, geographical indications, certification marks and collective trademarks. Those seeking face-to-face services will be allocated slots between Monday and Thursday according to availability.


Colombia

Office Status Automatic Extension of Deadlines

Open (virtually)

Yes

Colombia: Extension Details

Announcement regarding Industrial Property Office

The Office is open virtually. The office was not open to the public between March 17 and March 31, 2020. All deadlines falling between these days were extended until April 1, 2020. Terms for filing renewals and annuities were also extended. The suspension of fee payments was in place from March 17 to June 15, 2020.


Ecuador

Office Status Automatic Extension of Deadlines

Efilings
(physically closed)

Yes

Ecuador: Extension Details

National Service for Intellectual Rights

The office is open virtually. All deadlines falling after March 16, 2020 are extended to July 16, 2020, after which normal computation of time for deadlines resumes.


Paraguay

Office Status Automatic Extension of Deadlines

Open

Yes

Paraguay: Extension Details

The office is open. All procedural deadlines falling between March 11, 2020 - June 30, 2020 were extended to July 1, 2020, and normal computation of time for deadlines has resumed.


Peru

Office Status Automatic Extension of Deadlines

Open

Yes

Peru: Extension Details

Indecopi Website

The Indecopi reopened to the public on June 17, 2020.


Venezuela

Office Status Automatic Extension of Deadlines

Efiling only
(physically closed)

Yes

Venezuela: Extension Details

The Autonomous Intellectual Property Service (SAPI) is physically closed but accepting filings.

Current deadlines are automatically extended until the first working day when the Office resumes normal operations - currently unknown at this time.

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