Measures taken on Industrial Property due to the coronavirus
Given this undoubtedly exceptional situation in which we find ourselves, reducing uncertainty is essential. There are many aspects of our lives that are being affected and without a doubt the effects in the workplace are also noticeable.
With the objective of safeguarding the Industrial Property rights of both companies and individuals, the different Industrial Property Offices are taking measures that are mainly based on the interruption of the mandatory periods for applicants and rights holders. In this way we want to avoid the loss of rights that could derive from the breach of any legal term.
Below we indicate the measures adopted by the Offices in our environment. We must not forget that all of them continue to work and are open to receive documentation, payment and new requests. Therefore, and given the importance that Industrial Property assets have in the business environment, we recommend that the necessary steps continue to be taken within the terms originally established as far as possible.
Spanish Patent and Trademark Office (OEPM)
All the periods related to the administrative procedures managed by the Office in the field of Industrial Property are suspended and interrupted, so this measure affects, among others and not exhaustively, the files of trademarks, Commercial names, Industrial Designs, Patents , Utility models, European patent validations …
This interruption will take effect at least until March 28, 2020, as indicated in Royal Decree 463/2020, of March 14, but it may be expanded as well as the state of alarm itself declared in said decree.
Update
The interruption of the periods is resumed on June 1, 2020.
European Union Industrial Property Office (EUIPO)
All the periods that ended between March 9, 2020 and April 30, 2020, which affect both Community Models and Drawings and Trademarks of the European Union, extend until May 1, 2020. In practice, this means that the deadlines are extended until Monday, May 4,since Friday, May 1 is a public holiday.
Update
The interruption of the periods is resumed on May 18, 2020.
European Patent Office (EPO)
The periods that expire from March 15 extend until April 17, 2020. This also applies to international PCT applications. The prior period may be further extended by posting another additional notice.
On the other hand, in the case of residents in high risk areas, any document received late will be considered received on time if the interested party offers evidence that in the ten days prior to the expiration date, it was not possible to meet the deadline due to this exceptional fact and that the document was sent or transmitted no later than the fifth day after the end of the interruption.
Update
The interruption of the periods is resumed on June 2, 2020.
