News: COVID-19

Coronavirus and Deadlines

Note that the following is for informational purposes only and does not constitute legal advice.

European Patent Office (EPO):
The EPO has announced that several terms expiring on or after 15 March 2020 have been extended until 2 June 2020. Note that not all terms have been automatically extended. As examples filing of a divisional application, a response in preparation of oral proceedings or filing further applications claiming priority of an earlier application will still have to be done within the original terms.

Thus, the extension provided by EPO should be seen as an additional safety net in case exceptional circumstances makes it impossible to meet a deadline. The policy of EPO is to adhere to original deadlines.

Information from the EPO can be found using the link below:
https://www.epo.org/news-issues/covid-19.html

It is recommended to observe the original deadlines, in order to avoid any legal uncertainty.

 

United States Patent and Trademark Office (USPTO):
The USPTO has been granted temporary authority to extend statutory deadlines.
It is important to notice that:

  • Only certain deadlines are eligible for this relief
  • Only certain parties are eligible to claim this relief
  • Some requests for extension of deadlines in PTAB (Patent Trial and Appeal Board) proceedings may need to be made in advance.

The USPTO is taking a case-by-case approach that applies only to those “personally affected” by the COVID-19 outbreak.

The link below is the USPTO’s announcement from 31 March:
https://www.uspto.gov/sites/default/files/documents/Patents%20CARES%20Act.pdf

It is recommended to observe the original deadlines, in order to avoid any legal uncertainty.

Danish Patent and Trademark Office (DPTO):
The DPTO is operating as normal, and deadlines including those concerning payments of fees remain unchanged.

The link below leads to information on the DTPO homepage:
https://www.dkpto.org/covid-19-information/