Patent Offices extending deadlines due to coronavirus

In response to the current coronavirus situation, Patent Offices worldwide are allowing deadlines to be extended. At Laine IP, our policy is to handle any deadlines without using coronavirus extensions. Therefore, we intend to only rely on such extensions when requested to do so. Handling a deadline on time without using a coronavirus extension will have no impact on the application procedure.

Different jurisdictions are applying different measures, which are being updated from time to time. Please see the list below for measures taken by selected Patent Offices – information updated as of May 4, 2020.

Please do not hesitate to contact our professionals in case you need to extend your deadlines.

EPO

The European Patent Office is adopting following preventing measures:

All time limits expiring on or after 15 March 2020 are currently extended until 2 June 2020.

All oral proceedings in examination and opposition proceedings scheduled until 30 April 2020 are postponed unless they have already been confirmed to take place by means of videoconferencing.

Please find more information at: https://www.epo.org/news-issues/covid-19.html 

Finnish Patent and Registration Office

The Finnish Patent Office will not extend due dates laid down in the law (for example the priority period). However, an extension may be granted for Office periods, such as the due date to respond to an Office Action, if the Applicant provides a reasoned statement when requesting the extension.

Please find more information at: https://www.prh.fi/en/asiakastiedotteet/2020/P_20544.html

USPTO

The United States Patent and Trademark Office has stated that certain Office periods due between March 27 and May 31, 2020, including replies to Office Actions, will be extended by 30 days if the filing is accompanied by a statement that the delay was due to the coronavirus. The text of the necessary statement is as follows: 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.

Please find more information at: https://www.uspto.gov/coronavirus

DPMA (Germany)

The German Patent and Trademark Office will take into account the current situation when granting of requests for extensions of time limits.

Please find more information at: https://www.dpma.de/english/our_office/publications/important_notices/importantnotices2020/noticeof10march2020/index.html

EUIPO (European Union Intellectual Property Office)

The EUIPO has declared that all time limits expiring between 9 March 2020 and 17 May 2020 are currently extended until 18 May 2020. In particular, the following statutory time limits are covered by the extension:

• Payment of the Application Fee
• Right of Priority
• Exhibition Priority
• Opposition Period
• Payment of the Opposition Fee
• Request for Renewal
• Filing of an Appeal and of the Statement of Grounds, payment of the Appeal Fee,
• Conversion
• Deferment of publication of design

Please find more information at: https://euipo.europa.eu/ohimportal/en/news/-/action/view/5726800

WIPO

The World Intellectual Property Organization is continuing operations under the PCT.

Please find more information at: https://www.wipo.int/portal/en/news/2020/article_0015.html

On behalf of everyone here at LAINE IP, we hope that you stay safe and healthy.

Author

Teemu Kiviniemi

Toimi Teelahti