GLOBAL IP OFFICE UPDATES
As of 04.06.20
To help you to manage your IP portfolio effectively, we’re closely monitoring releases from the Global IP Office Network, and sharing extended deadlines and updates as they are published.
Disclaimer: This is not legal advice. The position taken by IP offices is changing daily, so professional advice should be taken before any reliance is placed on this information.
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Updates At A Glance
Countries where Murgitroyd acts directly:
All open official time limits in proceedings before the Patent Office (e.g. deadlines for comments on notices) will be extended ex officio by a further two months without the need to apply for a further extension separately. All other deadlines resulting directly from the law (e.g. for filing appeals or for paying annuity and renewal fees) cannot be extended.
All requests for the extension of a time limit will be considered as favourably as possible.
• From now until the end of the imposed public restrictions in the Benelux countries, BOIP will not withdraw any requests or procedures because a given deadline has not been met.
• After this period has ended, an additional period of one month will be granted for all requests and proceedings for which the time limits have expired or which are less than one month at that time. This month will be counted from the moment that there are no longer any limitations in society in the Benelux countries. BOIP will set a date for this in due course and communicate it by means of a new communication.
• Deadlines expiring on or after 15 March 2020 extended to 17 April 2020.
• Includes the deadlines for payment of renewal fees, but excludes the deadlines for filing divisionals and making final submissions before oral proceedings.
• Oral proceedings will not be held in the premises of the Boards of Appeal until 30 April 2020.
• All oral proceedings in examination and opposition proceedings scheduled until 17 April 2020 are postponed until further notice unless they have already been confirmed to take place by means of videoconferencing.
• Oral proceedings before examination divisions where the summons is notified on or after 02 April 2020 are to be held by videoconference.
All time limits expiring between 9 March 2020 and 30 April 2020, that affect all parties before the Office, extended to 1 May 2020. This includes statutory deadlines such as the deadline to oppose a third party trademark and the priority period. The extension does not include time limit for appealing matters to the General Court.
• The office will take into account the exceptional situation caused by coronavirus when considering deadline extensions fro trademark and design matters.
• A fee must be paid for each extension request.
All deadlines expiring during the period of 12 March 2020 to 1 month after the end of the health emergency situation are postponed to:
• one month after the end of this period if the initial deadline was one month and
• two months after the end of this period if the initial deadline was at least two months.
This postponement applies to: the deadlines to file an opposition related to a trademark, to pay a renewal fee for a patent, to renew a trademark or to extend a design or a utility model and to obtain the corresponding grace period, to file an appeal, to file third party observations, and to file a response to a notification from the French Patent Office.
The postponement does not apply to: the priority deadlines for filing a PCT application, the deadlines for paying the filing fee for a French patent application, the deadlines for filing a Complementary Protection Certificate.
• All deadlines in prosecution set by the GPTO are extended till 4 May 2020.
• Deadlines set by law cannot be extended by the Office. Re-establishment of rights requests are possible for such deadlines if it can be shown that the deadline was missed without any fault (vs. showing all due care under normal circumstances) on part of the person that missed the deadline.
• Scheduled hearings and oral proceedings are cancelled. According notifications will be sent for each case. No new hearings or oral proceedings will be summoned under the given circumstances.
• It is not guaranteed that international design applications can be forwarded to the WIPO in the compulsory time limits such that the GPTO recommends to file them with WIPO directly. Generally, there is a delay in processing paper mail and telefax such that the GPTO recommends to file electronically.
• There will be a delay in issuing certificates such as priority documents. Therefore, these documents should be requested a early as possible.
Deadlines extended to 30 March 2020.
Deadlines suspended from 23 February to 15 April 2020. The suspension does now apply to the deadlines for opposition procedures relating to the registration of trademarks. The suspension does not apply to the deadlines for trademark appeals.
• The use of online filing for all documents is encouraged.
• Will consider the special circumstances of COVID-19 when reviewing restoration requests if a deadline is missed.
• 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.
Switzerland (and unitary Swiss-Liechtenstein patents)
Time limits set by the office with an end date between 21 March 2020 and 19 April 2020 will now expire on 20 April 2020. Statutory time limits or those set by the office stipulated in days are suspended from 21 March 2020 until 19 April 2020. These time limits will start running again on 20 April 2020. Time limits expiring after 19 April 2020 are unaffected.
• All days from 24 March 2020 until further notice are declared to be interrupted days.
• Any deadline that falls on an interrupted day will be extended until the UKIPO notifies the end of the interrupted days period.
• No further physical hearings will be booked or take place until 1 June 2020. Those with physical hearings already booked before that date are being contacted if their arrangements need to change.
• For services that are not available online, the UKIPO has created an email address called firstname.lastname@example.org which can be used instead of faxing, or posting documents.
Belgium, Denmark, Finland, France, Luxembourg, Monaco, Norway, Sweden, Liechtenstein (for standalone designs and trademarks), The Netherlands
A message from our CEO
The spread of the Coronavirus (COVID-19) is having a dramatic impact on the lives of people and businesses across the globe. During this time of concern, Murgitroyd remains focused on protecting the health and well-being of our employees, while continuing to provide the highest levels of service to our clients.
REMOTE WORKING – A DECADE OF EXPERIENCE
For the last 10 years, Murgitroyd has established flexible working practices across our global office network. This initiative that has included extensive home-working experience by our Attorneys and support staff.
Our tried and tested IT infrastructure enables our colleagues to provide the highest levels of seamless service delivery on a remote basis.
We feel fortunate to have this wealth of remote working experience to call upon as it will greatly aid our business continuity plans as well as the ongoing management of our client’s IP needs.
To this end, Murgitroyd has decided to, among other actions, reduce its business travel, hold more external meetings by video-conference, and postpone selected meetings and events. We want our team to be available to serve your needs, whenever and however they arise.
We remain focused on providing you with the excellent service and support you have come to expect, and we thank Clients, Partners and Colleagues for their continued loyalty. We firmly believe the strength of our relationship will ensure we successfully navigate these unprecedented times together.
Keep up to date with the latest news and legal updates, or learn more about protecting your intellectual property