Andrew Carver tells you all you need to know about the updates and measures implemented by various IP Offices in the wake of the Coronavirus pandemic.

From widespread socioeconomic disruption to the availability of toilet roll, the Coronavirus pandemic is increasingly affecting almost every conceivable facet of our everyday life. The world of intellectual property is proving no different, with an increasing amount of IP offices taking measures to both safeguard premises and employees as well as to protect users and rights holders. Registry proceedings, in particular, may be more challenging to manage during this unprecedented period.  

Many IP offices have issued statements in the past few days as they attempt to minimise the impact of COVID-19 – a short summary of the more major announcements are set out below.

UKIPO

On 11 March, the UKIPO announced that they would be taking whatever measures possible within the boundaries of national and international legislation, to support rights applicants and their attorneys who have been affected by the outbreak.

Whilst deadline extensions will remain discretionary on a case-by-case basis, these will be considered as favourable as possible, both in relation to extensions of time, and any loss of rights due to failure to meet a particular time period.

For all offline forms (which have no online equivalent), it is recommended that they are emailed to paperformcontingency@ipo.gov.uk, instead of being faxed or posted.

On 27 March, the Registry announced the closure of its offices, with the majority of services remaining unaffected due to staff members being equipped to work from home. Also confirmed was the implementation of “interrupted days” starting from 24 March and including all subsequent days until further notice, whereby all deadlines falling during this time would be automatically extended, until the end of the interrupted days period (to be notified by the UKIPO).

EUIPO

In accordance with Article 101(4) EUTMR, the Executive Director of the EUIPO confirmed on 16 March that all deadlines affecting all parties in matters at the Office expiring between 9 March 2020 and 30 April 2020 would be automatically be extended to 1 May 2020. A separate guidance note clarifies that this covers all procedural deadlines, inclusive of opposition periods and priority dates. 

All meetings and events organised by the EUIPO scheduled in the month of March or April are to be postponed, but all online services are as normal.

WIPO

The World Intellectual Property Organisation (WIPO) confirmed on 16 March that remote working arrangements have been put in place for all staff where possible, with access to its Geneva headquarters being reserved for those whose work is premises-dependent.

The processing of International applications, as well as related IP systems, will remain unaffected.

USPTO

The USPTO reported the closure of its offices from 16 March until further notice, but with operations continuing as normal, and no extension to deadlines, in respect of applications or otherwise. 

In situations where applications / registrations have expired or been cancelled due to “inability to timely respond to a trade mark-related Office communication as a result of the effects of the Coronavirus outbreak”, the USPTO may waive the petition fee required to have the application / registration revived or reinstated.

Other

§  The Canadian IP Office (CIPO) expects significant delays in all services, extending all deadlines ending between 16 March 2020 and 31 March 2020 to 1 April 2020.

§  IP Australia has confirmed that any extensions requested in view of the COVID-19 outbreak will be considered on the standard case-by-case basis.