As governments around the world work to stem the coronavirus (COVID-19) pandemic, intellectual property (IP) offices in jurisdictions around the globe are temporarily closing and/or extending deadlines.
At Morgan Lewis, we are actively tracking these closures and new deadline policies to assist our clients in protecting their valuable IP rights. Our lawyers and other IP professionals, as well as our network of seasoned counsel around the world, remain available to help you to prosecute, maintain, and enforce your IP rights during this trying time.
The charts below provide information we have received from local counsel and/or local patent and trademark offices with regard to office closures, extensions, and other reactions of relevant government authorities as of the designated date. The information in these charts is believed to be current and accurate as of the date below, and will be updated periodically as new information becomes available.
Accordingly, parties that have critical deadlines pending in any of the jurisdictions listed below should independently verify the information provided. We recommend communicating with your local counsel (or request that Morgan Lewis do so on your behalf) in respect of any critical dates. In the meantime, should you have any questions regarding the information below and/or the steps necessary to protect your IP rights, please reach out to the listed contacts. We will continue to be available throughout this situation, and can coordinate with counsel in each jurisdiction upon request.
| Trademark Contacts Boston
San Francisco
Washington, DC
|
Copyright Contacts Boston
San Francisco
Washington, DC
|
Patent Contacts Boston
Chicago
Houston
Orange County
Philadelphia
San Francisco
Shanghai
Silicon Valley
Washington, DC
|
|
Jurisdiction |
Trademark Office Status
|
Length of Extension (applies to all deadlines until listed date unless otherwise noted) |
| United States |
Open, but not to public |
PTO remains open for filing of trademark and TTAB documents and for payment of fees electronically All deadlines for trademark prosecution and maintenance filings/payments that fall between March 27 and May 31 are extended to June 1 provided that the filing/payment is accompanied by a statement that the delay in filing/payment was due to the COVID-19 outbreak This includes deadlines to make priority filings and extend protection to the US pursuant to international treaties, respond to pending office actions, and to file a notice of opposition or a request to extend the opposition period However, it does not include other deadlines related to pending TTAB actions; where a party is unable to file before a deadline due to the COVID-19 outbreak, a request (in ex parte appeals) or motion (for inter-parte proceedings) for an extension or reopening of time, as appropriate, can be made Further, the PTO has waived fees associated with petitions to revive records that are abandoned/cancelled due to an inability to timely file caused by the outbreak Owner has two months to file petition after issuance of notice of abandonment or cancellation if such notice is received or if notice is not received, owner has six months after TESS is updated to reflect abandonment or cancellation to file petition |
| Antigua and Barbuda* | Closed |
Until May 5 |
| Australia | Open |
Up to three-month extension for certain office deadlines available upon request submitted with a single sentence declaration that delay was due to COVID-19 outbreak However, many deadlines may not be extended, including deadlines for filing priority applications, renewal, and opposition See IPA website for more details and verify all deadlines with counsel |
| Barbados | Closed | Until further notice |
|
Benelux |
Open |
All deadlines stayed until May 25 Additional extension 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 See the PTO FAQs for more information on the above |
|
Brazil* |
Open |
May 16 |
|
Canada |
Open, but significant delays expected |
June 1 |
| Dominican Republic | Closed |
Until June 1 |
|
India |
Open, but not functioning fully |
All deadlines up to and including May 17 extended until June 1 E-filing services shall remain unaffected during the extended lockdown |
|
Indonesia |
Closed until May 14 |
This closure does not affect online filings like new applications and/or related deadlines For all in-person filings, deadlines are extended to June 1 Office will not grant any relief where applications have been abandoned or registrations lapsed due to missed deadlines due to COVID-19 |
| Israel* | Open with reduced staff |
No extensions of deadlines before the ILPO Extensions may be available upon request for certain deadlines if a party does not meet deadline because of circumstances related the pandemic; this does not include the deadline for filing an opposition, paying a renewal fee, or requesting the reinstatement of a trademark, and there also is no special treatment of deadlines deriving from international treaties — Deadlines in proceedings before the Registrar scheduled for execution (before the extension given in the notice) from March 22 to April 1, are postponed until May 15 — Deadlines in proceedings before the Registrar scheduled for execution (before the extension given in the notice) from April 2 to May 1, are postponed until June 15 — Deadlines in proceedings before the Registrar scheduled for execution (before the extension given in the notice) from May 2 to May 15, are postponed until June 30 |
| Japan | Open |
Time limits are not automatically extended If a party is not able to carry out procedures for applications or trials/appeals within the designated time limits due to COVID-19, it may submit a declaration explaining the circumstances and the JPO is likely to grant an extension The procedures and timing for submitting an explanation differs for time limits designated by the JPO as opposed to Japanese law or governmental and ministerial ordinances Verify all procedures with counsel |
| Korea | Open | June 1 |
| Kuwait | Closed | Operations suspended until May 31 |
|
Malaysia |
Closed until June 9 |
New filings with Priority Date Claim deferred to June 10 New filings via Madrid System deferred until June 16 Renewals extended until June 16 Responses to office actions, appeals, and oppositions, and all payment deadlines, extended until June 16 |
|
Mexico |
Closed until May 4 |
All deadlines extended until June 1 Digitally signed online applications and online motions related to cases already being prosecuted online may currently be filed even though all related deadlines (including priority deadlines) have been extended |
| Paraguay* | Closed |
All deadlines suspended while office is closed |
| Peru | Closed until June 10 | All deadlines suspended until June 11 Online filings for renewals and oppositions are being accepted |
|
Philippines* |
Open, but working with only essential staff until further notice |
All filings and payments with deadlines falling from March 16 through April 30 are extended by 45 calendar days The foregoing does not apply to trademark applications claiming priority, which must be filed electronically before the subject priority filing deadline The IPOPHL will resume normal operations on May 4 |
|
Romania |
Closed |
Until further notice |
| Singapore | Closed | All deadlines falling between April 7 and June 4 (inclusive) extended until June 5 |
|
Spain |
Open |
June 7 The closure may be extended another 15 days |
| Turkey* | Open | June 16 |
| United Kingdom | Open, but closed to public |
All deadlines extended until further notice |
| Vietnam | Closed |
May 30 |
* Updates pending from local counsel
|
Jurisdiction |
Status Date |
Patent Office Status
|
Known Updates In Consideration of
|
|
United States Patent |
May 4, 2020 |
Open, not to public |
Certain deadlines for actions due between March 27, 2020 and May 31, 2020 extended to June 1, 2020; this is in addition to prior 30-day extension and presumed to also require that any delayed filing is accompanied by statement that delay was “due to COVID-19 outbreak” and the USPTO has defined what it considers to be “due to the COVID-19 outbreak” The deadlines to be extended and requirements for submission are here Upon request and affirmation that delay is due to COVID-19 outbreak (see above) a 30-day extension for specific PTAB deadlines will be granted; other deadline extensions may be requested (see here for more details) Fees associated with petitions to revive under 37 CFR 1.137 are waived when applicants were unable to timely reply due to the COVID-19 outbreak as set forth in the USPTO’s March 16, 2020 notice found here Original handwritten signature requirement waived Designation of “extraordinary event” and waiver of petition fees in certain situations for customers impacted by coronavirus; this does not affect statutory dates, however Examiner interviews, PTAB oral hearings and other similar in-person meetings scheduled to take place after March 13, 2020, to be conducted remotely Temporarily permits filing of plant patent application and follow-on documents via EFS-Web or Patent Center until further notice Congress passed and the President signed legislation (the CARES Act) on March 27 that grants the Director of the USPTO wide discretion to toll, waive, adjust or modify pending deadlines |
|
Albania |
March 20, 2020 |
Open |
Applications to be submitted electronically |
|
Argentina |
March 18, 2020 |
Open |
Deadline that were running on March 12, 2020, are extended to April 26, 2020 Local counsel recommends meeting deadlines where possible |
|
Armenia |
March 20, 2020 |
Open |
Closed to visitors Electronic filing Deadlines not postponed Official documents will not be received until after April 14, 2020 |
|
Australia |
April 25, 2020 |
Open |
New streamlined extension process, for applicable missed deadlines with a single sentence declaration that delay was due to COVID-19 outbreak Extensions available up to three months for many (but not all) patent, trademark, and design deadlines Streamlined extensions are available at no cost Some time periods cannot be extended See IPA website for more details |
|
Austria |
March 25, 2020 |
Open |
Open official time limits extended two months Deadlines set by law cannot be extended |
|
Belarus |
March 20, 2020 |
Open |
No changes reported |
|
Belgium |
March 25, 2020 |
Open |
Extensions by request |
|
Benelux (trademarks and designs) |
March 25, 2020 |
Open |
Until end of imposed public restrictions BOIP will not withdraw requests or procedures for missed deadlines One month additional period may be granted for all requests and proceedings for which time limits have expired or are within one month from end or restrictions |
|
Bosnia & Herzegovina |
March 20, 2020 |
Open |
Shortened hours Electronic communications only Dropbox open outside premises |
|
Bulgaria |
March 20, 2020 |
Open |
Electronic files preferred |
|
Brazil |
April 15, 2020 |
Open |
In person meetings cancelled Deadlines postponed to April 30, 2020; but, local counsel strongly advises meeting deadlines where possible |
|
Canada |
April 2, 2020 |
Open |
Expect delays Deadlines falling within March 16, 2020 through April 30, 2020, extended to next non-designated date |
| Chile | March 27, 2020 |
Open |
Extensions are possible through April 3, 2020 Electronic services are operational Some accommodations being made for original documentation requirements |
|
The People's Republic of China |
March 27, 2020 |
Open |
Where a party has missed the deadlines thus resulting in the loss of his/its rights due to the impediments caused by COVID-19, he/it may, within two months as of the removal of the impediments (e.g., lockdown released), or at the latest within two years as of the expiry of that deadline, request the China National Intellectual Property Administration (CNIPA) to recover his/its rights A similar rule applies to layout-designs of integrated circuits (see No. 350 Announcement of the CNIPA, January 28, 2020) The rule above does not apply to the deadlines provided in Article 24 (grace period of novelty), Article 29 (priority), Article 42 (patent term), and Article 68 (statute of limitations and other litigation-related time periods) of the China Patent Law |
|
Croatia |
March 20, 2020 |
Open |
No changes reported |
|
Czech Republic |
March 20, 2020 |
Open |
Visitor access in special cases only Electronic filing, filing by mail No extensions yet |
|
Estonia |
March 20, 2020 |
Open |
Closed to visitors Electronic filing, filing by mail No extensions yet |
| Eurasian Patent Office | March 27, 2020 |
Open |
Following Russian closure policy; dates to be extended to April 6, 2020 Closed to visitors until April 15, 2020 Electronic filing recommended in both Eurasian and Russian patent offices due to limited ability to handled paper filings EAPO file limit is 10Mb |
|
EUIPO |
May 23, 2020 |
Open |
Extension periods have ended. To the extent an applicant requires further remedies they are referred to the EUIPO guidance |
|
European Patent Office |
May 23, 2020 |
Open |
All deadlines after March 15, 2020, extended to June 2, 2020, EXCEPT divisional applications must still be filed during pendency of an EP application and deadlines for making final submissions before oral proceedings are not extended (details can be found here) |
| Finland | April 2, 2020 | Open | Extension requests for trademarks and designs available with fees |
|
France |
March 25, 2020 |
Open |
Deadlines for designs not expired on March 16, 2020, extended four months Deadlines noticed during outbreak and one month beyond extended four months Petitions for relief will be considered where restoration is necessary |
|
Georgia |
March 20, 2020 |
Open |
Electronic filing possible |
|
Germany |
May 26, 2020 |
Open |
Deadlines set by law cannot be extended Restoration petitions will be considered Scheduled hearings and oral proceedings until June 30, 2020 are affected as follows: summons to appear will not be issued; hearings are cancelled Electronic filing recommended to avoid further delays Certificate issuance to be delayed |
|
Hungary |
March 20, 2020 |
Open |
Efiling and mail operating In-person meetings only in exceptional circumstances |
|
India |
May 26, 2020 |
Closed |
Deadlines between March 15, 2020 and May 17, 2020 are due June 1, 2020 Electronic filings are still permitted |
| International Bureau (i.e., The Receiving Office for Patent Cooperation Treaty (PCT)) |
March 31, 2020 | Open |
The International Bureau remains in full operation All communication by postal mail suspended until further notice; all PCT-related documents to be sent only via email to the address provided in relation to each international application PCT-related documents are also available through ePCT and also on PATENTSCOPE for published international applications The International Bureau urges PCT users to urgently provide the contact email address in relation to their pending international application(s) if not currently provided (see instructions at Transmission of paper documents to and from the International Bureau during the COVID-19 pandemic) All PCT users are strongly encouraged to avoid PCT-related submissions by postal mail and to communicate with the International Bureau exclusively by appropriate electronic means |
|
Ireland |
May 26, 2020 |
Open |
Days between 13 March and 2 June are deemed to be “excluded days” for all purposes under the Acts and Rules |
|
Israel |
May 26, 2020 |
Open |
Relief provided on a case-by-case basis Extensions no longer applicable |
|
Italy |
|
|
Deadlines suspended from 23 February 23, 2020 to April 15, 2020 |
| Japan | April 3, 2020 | Open |
The delay or lapse of due dates may be remedied if such delay or lapse were caused by the influence of COVID-19 infection; documentation to explain the circumstances why necessary procedures could not be performed must be submitted PCT national phase may be filed up to six months late New applications with Paris Convention Priority should be filed within two months of priority due date expiration Late office action response accepted if necessity found Late Examination required if filed within two months of possible filing and within two years after original due date Maintenance fees can be paid two months after possible filing and within six months of original date Other procedural remedies may be available |
|
Kazakhstan |
March 20, 2020 |
Open |
No visitors All communication electronic except for those require handwritten signature No extensions yet |
|
Kosovo |
March 20, 2020 |
Open |
Reduced staff Filing receipts intermittently mailed No extensions yet No electronic filing yet |
|
Latvia |
March 20, 2020 |
Open |
No visitors Electronic communication only |
|
Mexico |
April 20, 2020 |
Closed to May 4, 2020 |
March 24, 2020, through May 30, 2020, inclusive to be deemed non-working days; filings during this period will be accorded date of first working day after this period Filings and payments can still be made electronically and physically |
| New Zealand | March 27, 2020 | Open |
All services operational Requests for extensions due to COVID-19 impact will be addressed on a case-by-case basis |
|
Moldova |
May 26, 2020 |
Closed |
Extension period expired on May 15, 2020 Electronic filing possible |
|
Montenegro |
March 20, 2020 |
Open |
Awaiting electronic filing enablement |
|
North Macedonia |
March 20, 2020 |
Open |
Receiving registered mail, no deadlines extended |
|
Norway |
March 25, 2020 |
Open |
Extensions of at least two months will be granted for those affected by COVID-19 outbreak only for deadlines set by NIPO and extensions must be requested prior to original deadline Restoration of rights petitions to be considered |
|
Poland |
March 20, 2020 |
Open |
Hearings postponed No deadlines postponed |
|
Romania |
March 20, 2020 |
Closed |
Deadlines postponed but electronic filing for deadlines is still possible |
|
Russia |
March 27, 2020 |
Closed |
The week starting March 30, 2020, is declared a week off and Russian Patent and Trademark Office will not be operational All deadlines will be extended to next working day Eurasian Patent office plans to be partly operational and in remote mode, though deadlines will also be extended Electronic filing recommended in both Eurasian and Russian patent offices due to limited ability to handled paper filings Hearings in Russian Courts suspended until at least April 10, 2020 Hearings at Rospatent’s Chamber for Patent Discputes to be held remotely until May 8, 2020 |
|
Serbia |
March 20, 2020 |
Open |
Electronic filing or by mail No deadlines extended |
|
Slovak Republic |
March 20, 2020 |
Open |
No visitors Electronic filing and mail filing No deadlines extended yet |
|
Slovenia |
March 20, 2020 |
Open |
Electronic filing (for some documents) or by registered mail, fax No extensions yet |
| South Africa | May 26, 2020 |
Closed |
Extensions lapsed on May 6, 2020 Electronic platforms are still available |
| South Korea | May 26, 2020 |
Open |
Deadlines arising in prosecution matters during the designated period are automatically extended to May 30, 2020; but, this does not apply to national phase filings, Paris Convention filings, requests for examination, request for re-exam against final rejection, and notice of appeal |
|
Switzerland (and unitary Swiss-Liechtenstein patents) |
March 25, 2020 |
Open |
Deadlines set by office with date of between March 21, 2020, and April 19, 2020, now expire on April 20, 2020 Statutory and office time limits set in days are suspended from March 21, 2020, until April 19, 2020 Time limits expiring after April 19, 2020, not impacted |
|
Ukraine |
March 20, 2020 |
Open |
Meetings with applicants cancelled until further notice Electronic filing or by mail No extensions yet |
|
United Kingdom |
April 2, 2020 |
Open |
Any deadline falling on March 24, 2020, or later will be extended until the UKIPO notices that the interruption period is ended No further physical hearings to be scheduled or to take place until June 1, 2020; the office is contacting affected parties Email services can be used in some circumstances if electronic services not available |
|
Uzbekistan |
March 20, 2020 |
Open |
Electronic filing No extensions yet |
| Vietnam |
March 31, 2020 | Closed |
Reports of offices open for in-person filings All deadlines for registration proceedings (i.e., requests for priority rights, subsequent document submission, responses to NOIP’s Decisions/Notices, requests for annuity/renewal of protection titles, appeals and payment of fees) due between March 30, 2020, and April 30, 2020, will be automatically extended to May 30, 2020 Other relief may be available by request for “force majeure” treatment pursuant to Articles 9.4, 9.5 of Circular No. 01/2007/TT-BKHCN as amended and supplemented by Circular No. 16/2016/TT-BKHCN The PPH pilot program of this year (2020) between the NOIP and Japan Patent Office (JPO) will start from May 4, 2020, instead of April 1, 2020 Starting April 1, 2020, all communication between IPVN and the applicants will be via post or efiling system |
In addition, here are some links that you may find helpful: