IP offices extend deadlines amid pandemic
IP offices around the world have introduced further measures aimed at minimising disruption caused by the pandemic, with many extending their deadlines to support users.
In the US, both the US Patent and Trademark Office (USPTO) and US Copyright Office have again exercised their new powers under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
On Friday, May 1, the Copyright Office extended its emergency accommodations for copyright owners for another 60 days to July 10, after determining that disruptions to the copyright system remain in effect.
Just days before, the USPTO had further extended the time to file certain patent and trademark-related documents and to pay certain required fees to June 1. The deadlines can only be extended where “the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak”.
Both offices previously used their new authority in late March to extend deadlines.
Europe
Meanwhile, in the EU, the European Union Intellectual Property Office (EUIPO) has further extended its deadlines to support users during the COVID-19 pandemic. In effect, all deadlines expiring between March 9 and May 17 are extended until May 18.
The EUIPO had previously extended deadlines for Chinese parties, before pushing deadlines for all until May 1.
Similarly, the European Patent Office has lengthened its deadlines, announcing that any time limits expiring on or after March 15 are extended for all parties and their representatives to June 2.
In early April, WIPR reported that the EPO was piloting opposition oral proceedings held by videoconference.
The UK Intellectual Property Office (IPO) introduced ‘interrupted days’ from March 24, meaning that any deadlines for patents, supplementary protection certificates, trademarks, designs, and applications for these rights, will be extended until the end of the period.
The office reviewed the situation on April 17, and decided to continue with the period of interruption. This will be reviewed again on May 7, when the IPO will either continue with the period of interruption or announce that the period will end.
Australia
IP Australia has now introduced a streamlined process for extension of time requests, with the associated fees now waived or refunded to assist those impacted by the COVID-19 outbreak.
Since April 22, users impacted by the pandemic have been able to submit a request for extension of time through the office’s eServices, without any need to provide any additional written explanation.
“An extension of time of up to three months is available and is free of charge. The usual fee is now waived automatically in eServices,” said IP Australia, adding that this arrangement applies to most patents, trademarks, and designs extension of time requests.
These arrangements will be in place until at least May 31, 2020. In addition, the IP office said that hearings are now being conducted by video conference, telephone or written submission.
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