COVID-19 Business Strategies Hub

Patent/Trademark Office Information

In the wake of the COVID-19 pandemic, Patent and Trademark Offices around the world are announcing special measures to take account of likely business disruption, not only to their own operations but also to those of their customers. This page is intended to provide our clients with a summary of the current measures that have been announced. However, due to the generality of these measures and the rapid pace at which things are changing, we would recommend that where possible you continue to provide instructions in the usual way observing the normal deadlines. We will keep you updated on further developments and we are ready to answer your questions in relation to any specific cases of concern.

  

Major Countries Changing PTO Procedures

United States
The USPTO has announced a limited 30-day extension of most trademark deadlines that fall between March 27, 2020, and April 30, 2020, (dates inclusive) including Office Action responses, Statements of Use, Declarations under Sections 8 & 15, and Renewals. The USPTO has also announced a 30-day extension of most patent deadlines that fall between March 27, 2020, and April 30, 2020, (dates inclusive) including Office Action responses and payment of issue fees. Most appeal-related deadlines are like-wise extended for 30 days from the initial due date. For small or micro-entities, the USPTO has additionally extended the deadlines to reply to an Office notice during patent pre-examination processing and payment of patent maintenance fees. 
 
To be eligible for an extension, the filing must be accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak. Accordingly, extensions are available if a practitioner, applicant, patent owner, registrant, inventor, or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, e.g., due to cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances.
 
In addition, the USPTO is currently waiving petition fees for revival of abandoned or terminated patent applications and in limited reexamination patent prosecution. Similarly, the USPTO is waiving petition fees to revive abandoned trademark applications or reinstate canceled/expired trademark registrations.
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Canada
The Canadian Intellectual Property Office (CIPO) has extended all time periods that fall between March 16, 2020, and March 31, 2020, to April 1, 2020.
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China
Applies to Trademarks Only!  The China National Intellectual Property Administration (CNIPA) has suspended trademark deadlines for trademark holders whose businesses are unable to continue normal operations due to prevention and control measures in connection with COVID-19 until work is able to resume.
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European Patent Office
The European Patent Office (EPO) has extended all time limits expiring on or after March 15, 2020, until April 17, 2020.
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European IP Office (Trademarks)
The European Union Intellectual Property Office (EUIPO) has extended all times limits expiring between March 9, 2020, and April 30, 2020, until May 1, 2020.
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Mexico  
The Mexican Institute of Intellectual Property (IMPI) has extended all time limits expiring between March 18, 2020, and April 19, 2020, until April 20, 2020.

South Korea   
The Korean Intellectual Property Office (KIPO) has announced it will be extending designated deadlines falling in the period between March 31 and April 29 to April 30. These ex officio extensions are not applicable to the statutory periods prescribed by patent/trademark laws or treaties, such as the 31-month time limit for a PCT national phase entry in Korea, the deadline for requesting a substantive examination for patent applications, the deadline for responding to a final rejection, etc. Additionally, the Korean Intellectual Property Office (KIPO) has instituted priority examination of patents, trademarks, and designs directly related to national health or COVID-19.
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Major Countries Announcing No Changes to Operations

Japan

  

World Intellectual Property Organization (WIPO)
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Other Countries Suspending PTO Operations

Afghanistan
Until April 18, 2020

Egypt
Until April 8, 2020

Ethiopia
Until further notice

Iraq
(Trademark Office) – Until April 11, 2020

Jordan
Until April 14, 2020

Kuwait
Until March 26, 2020

Saudi Arabia
Until April 1, 2020

Syria
Until further notice

Tunisia
Until April 6, 2020

Vietnam
Until further notice (Deadlines falling between March 30, 2020, and April 30, 2020, will automatically be extended until May 30, 2020.)

   

   

  

Other Countries Suspending or Extending PTO Deadlines

Argentina       
Until April 3, 2020

Brazil
Until April 14, 2020

Jordan
Unknown

India
Until April 15, 2020

Italy
Until April 3, 2020

Philippines 
Until April 14, 2020 

Spain
Indefinite suspension

United Kingdom
Until May 1, 2020

  

  

Additional Resources


Read the Latest Executive Orders From CSG

The Council of State Governments updates state-by-state EOs in real-time

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CDC: Center for Disease Control

The primary national resource for coronavirus-related data and updates.
 

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Subscribe to receive the COVID-19 Update — a summary of our most up-to-date information in one email.
 

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