The EUIPO and EPO have issued updated extensions due to the ongoing coronavirus pandemic. Provided below is a brief summary of the extensions and key points to remember.

Trade Marks and Designs

On 29 April 2020, the Executive Director of the EUIPO issued a decision which extends all time limits expiring between 1 May 2020 and 17 May 2020 such that they now expire on 18 May 2020. The EUIPO has issued guidance to confirm that “all” encompasses statutory deadlines and those set by the Office. For the avoidance of doubt, the expiry of priority, opposition and appeal periods are all extended automatically, without the need to file a request.

Patents

On 1 May 2020, the EPO published a notice  stating that the pandemic continues to cause general dislocation in Germany, and therefore the previous extension of time limits is further extended until 2 June 2020, with no other substantive changes. That is to say, there are to be no in-person oral proceedings before the Examining or Opposition Divisions, or the Boards of Appeal. This deadline also extends to International Applications handled by the EPO but does not allow for an extension of the priority period for such applications.

Update by Andy Caulfield, Patent Associate at Creation IP.

This article (and any information accessed through links in this article) is provided for information and educational purposes only. This article does not constitute professional legal advice. Professional legal advice should be obtained before performing any action based on the information provided in this article. All professional legal advice will be given in accordance with Creation IP Terms of Business. Please contact us for further information.

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