UPDATE - UK IPO support for those affected by Coronavirus

UPDATE - UK IPO support for those affected by Coronavirus

UPDATE: 

Exceptional extensions of time limits at the EUIPO to end on 18 May 2020.

The Executive Director of the EUIPO has announced that the all time limits on trade mark and design matters at the EUIPO expiring between 9 March 2020 and 17 May 2020 will expire on 18 May 2020. The EUIPO is not extending these time limits further.

If you have any questions then please get in touch with your usual Wynne-Jones contact.

Original article:

The UKIPO has now certified that a ‘period of interruption’ began on Tuesday 24 March 2020.  The UKIPO has not specified an ‘end date’. Instead:

  • the situation will be reviewed on 28 May 2020; and
  • two weeks’ notice will be given before ending the period of interruption.

Taking this into account, it is unlikely that the period of interruption will end before 11 June 2020. General guidance from the UK IPO can be found here.

How does this affect me?

As stated by the UK IPO, "The declaration of interrupted days means that any deadlines for:

  • patents
  • supplementary protection certificates
  • trade marks,
  • designs, and
  • applications for these rights

which fall on an interrupted day will be extended to the next non-interrupted day.

This applies to all time periods set out in the various relevant UK Acts and Rules, and to all non-statutory periods that have been specified by staff."

This means that all time periods set out in United Kingdom legislation for trade marks, patents and designs which would have fallen on or after 24 March 2020 will be automatically extended until the day after the period of interruption ends.

Does this extend the deadline for filing UK applications claiming priority?

Yes. UK law sets deadlines for filing UK trade mark, patent and design applications claiming priority from an earlier relevant application. Therefore, this "period of interruption" extends that deadline.

Does this extend the period for placing my patent application in order for grant (the "compliance period")?

Yes.  The "period of interruption" will extend the compliance period. However, as detailed below, we would strongly recommend continuing with prosecution of patent applications during the period of interruption in order to avoid possible problems and delays at the end of the period.

Should I just wait for the end of the "period of interruption" before doing anything further on my application?

No. The UK IPO is still open and is operating on a "business as usual" basis as far as possible - the period of interruption is intended as more of a "safety net" than anything else. Nevertheless, the UKIPO has reiterated that, should additional time be needed, they “will extend time periods where national and international legislation allows”. For more information regarding this, see our 12 March 2020 website article here.

If you require specific assistance on a case or have any queries then please get in touch with your usual Wynne-Jones IP contact.  

Related News

EBA issues decision on the patentability of plants and animals
news

EBA issues decision on the patentability of plants and animals

On 14 May 2020, the Enlarged Board of Appeal (EBA) at the European Patent Office (EPO) issued its much-awaited decision G 3/19 on the patentability of plants and animals, otherwise known as “Pepper”.

news

Coronavirus - UK IPO, EPO and EU IPO extensions and support

A simple overview of the current status from IPOs. Last updated 18th May 2020. 

news

Morgan Motors Case Study

Morgan Motor Company originally thought their most important asset was their range of hand built sports cars, after working Wynne-Jones, they realised their most important asset was their brand.

BREAKING NEWS - German Federal Constitutional Court decides on UPC complaint
news

BREAKING NEWS - German Federal Constitutional Court decides on UPC complaint

The German Federal Constitutional Court has now issued its long-awaited decision (source) in case  2 BvR 739/17 which was a complaint against the German Ratification Law under which Germany was to ratify the UPC.

EPO announces extensions to deadlines due to COVID-19
news

EPO announces extensions to deadlines due to COVID-19

On Sunday 15 March 2020 the EPO published a notice advising it is invoking the provisions of Rule 134(2) EPC, and has extended all periods expiring on or after publication of the notice to 17 April 2020. This may be extended by the EPO upon publication of a further notice.

EUIPO extends all deadlines for Community Design and European Union Trade Marks
news

EUIPO extends all deadlines for Community Design and European Union Trade Marks

Last updated: 30 April 2020

The Executive Director of the EUIPO has today (29 April 2020) issued a decision regarding extensions for all time limits on trade mark and design matters at the EUIPO. In accordance with these decisions, all time limits expiring between 9 March 2020 and 17 May 2020 inclusive are extended until 18 May 2020.

 

news

UK IPO announces support for those affected by coronavirus

In brief, the UK IPO has indicated that it will use its discretionary powers (on a case-by-case basis) to extend time limits where possible under national and international law.

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”
news

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”

Earlier this year, we reported on the EPO Board of Appeal’s decision to uphold the revocation of the Broad Institute’s CRISPR patent (here). Now it appears that the Broad Institute is gearing up to put forward a petition for review by the Enlarged Board of Appeal as a last resort to save their patent.

aipex logo aipex logo aipex logo