On 11 March 2020, the Director-General of the World Health Organization announced that the outbreak of coronavirus disease (COVID-19) can be characterised as a pandemic.

　　The outbreak has significantly affected worldwide communications, and constitutes an exceptional occurrence, which has disrupted proper communication between parties worldwide and the Office.

　　Under this special situation, several countries’s Intellectual Property Office or Patent and Trademark Office have released the corresponding relief notice or extension of time limits decision according to the outbreak of COVID-19. Here are the details:

　　The United States-Relief for USPTO customers affected by COVID-19

　　The United States Patent and Trademark Office (USPTO) considers the effects of coronavirus to be an "extraordinary situation" within the meaning of 37 CFR 1.183 and 37 CFR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners. Therefore, the USPTO is waiving petition fees in certain situations for customers impacted by the coronavirus. This notice does not grant waivers or extensions of dates or requirements set by statute.

　　For patent and trademark applicants, patent and trademark owners, and reexamination parties who were unable to timely reply to an office communication due to the effects of the coronavirus outbreak, which resulted in the application being held abandoned, registrations were canceled/expired, or the reexamination prosecution terminated or limited, the USPTO will waive the petition fee to revive the abandoned application, reexamination prosecution and reinstate the canceled/expired registration.

　　The petition under 37 CPR 1.137(a) must include a statement that the delay in filing the reply required to the outstanding Office communication was because the practitioner, applicant, or at least one inventor, was personally affected by the Coronavirus outbreak such that they were unable to file a timely reply.

　　The petition under 37 CPR 1.137(a) must be filed not later than two months of the issue date of the notice of abandonment or cancellation or the notification that reexamination prosecution has been terminated or limited. If the applicants or owners did not receive a notice of abandonment or cancellation or the notification that reexamination prosecution has been terminated or limited, the petition must be filed not later than six months after the date the application became abandoned or the registration is canceled/expired or the reexamination prosecution was terminated or limited in order to be entitled to a waiver of the petition fee.

　　Europe- Decision No EX-20-3 of the Executive Director of the Office of 16 March 2020 Concerning the Extension of Time Limits

　　On 16 March 2020, the Executive Director of the EUIPO has signed a decision extending all time limits expiring between 9 March 2020 and 30 April 2020, that affect all parties before the Office, to 1 May 2020. In practice, this means that time limits are extended until Monday 4 May, given that Friday 1 May is a public holiday.

　　The relevant extension Decision NO EX-20-3 is as follows:

　　Whereas:

　　(1) On 11/03/2020 the Director-General of the World Health Organization announced that an outbreak of coronavirus disease (COVID-19) can be characterised as a pandemic. The outbreak has significantly affected worldwide communications.

　　(2) The extent and the status of the coronavirus disease (COVID-19) outbreak consitutes an exceptional occurrence, which has disrupted proper communication between parties worldwide and the office.

　　(3) The disruption extends to all time limits.

　　Australia- Relief for applicants affected by COVID-19

　　IP Australia recognises that the effects of the COVID-19 outbreak is an unprecedented situation that may have an impact on the ability of applicants and their representatives to process applications.

　　Where an applicant cannot carry out an action within time due to the COVID-19 outbreak an extension of time may be available. Requests for extensions of time will need to be made in the normal way, accompanied where required by a declaration setting out how the COVID-19 outbreak interfered with responding in time. Requests for waiver or refund of the fee for the extension of time will be considered on a case by case basis as per our current practice.

　　Applicants should note that some time periods cannot be extended. Applicants should check with IP Australia or an intellectual property professional if they are uncertain whether an extension of time is possible.

　　South Korea-Relief for KIPO patent applicants affected by COVID-19

　　Korean Intellectual Property Office (KIPO) has issued a notice that the relief action currently being implemented for patent applicants who affected by the COVID-19. According to the notice, any KIPO's applicant, regardless of their nationality, who fails to comply with the time limits for submitting document or paying fees to KIPO, for any reasons relating to the coronavirus, will be eligible for relief at KIPO.

　　To apply for relief, they are asked to submit a relief application or a statement of payment, together with an explanatory statement and evidential materials. Below are the articles from relevant laws that you might find useful.

　　# Related articles - Patent Act Article 16 (Invalidation of Procedure), Trademark Act Article 18 (Invalidation of Procedures), Design Protection Act Article 18 (Invalidation of Procedures)

　　…it is deemed that the failure to make an amendment within the specified period was due to a cause not attributable to the person ordered to do so, the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board may revoke the invalidation within two months after the relevant cause ceases to exist, upon receipt of a request from the person ordered to make such amendment….

　　- Patent Act Article 67-3 (Restoration of Patent Application)

　　... If it is recognized that a patent application has been withdrawn or a decision to refuse a patent has become final and conclusive because of the patent applicant’s failure to comply with any of the following time limits due to a cause not imputable to the patent applicant, the patent applicant may request the examination or re-examination of the patent application within two months from the date when such cause ceases to exist ...

　　News source:

　　United States Patent and Trademark Office

　　European Union Intellectual Property Office

　　IP Australia

　　Korean Intellectual Property Office