Facing with the Covid-19 pandemic, services and systems of global IP offices are continuing mainly online and remote work are prioritized. China IP collates the recent measures and policies of WIPO, CNIPA, EUIPO, USPTO, KIPO and JPO.

WIPO

The World Intellectual Property Organization (WIPO) is continuing operations under the Patent Cooperation Treaty (PCT), the Madrid System for the International Registration of Marks, the Hague System for the International Registration of Industrial Designs, the Lisbon System for the International Registration of Geographical Indications as well as administering other intellectual property (IP) and related systems. 

WIPO’s Arbitration and Mediation Center (AMC) is also continuing its important work in processing domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and other alternative dispute resolution cases.

WIPO has activated its business continuity protocol and moved to an almost entirely virtual work presence, with only a small pool of personnel retaining access to our Geneva, Switzerland headquarters. This is in line with public health authorities’ guidance to curb the further spread of Covid-19.

For IP offices and member states, netting payments as well as monthly and annual distribution payments are proceeding as scheduled. Further updates, as necessary, will be available on the Finance webpage.

As WIPO has previously communicated, its offices are physically closed for non-essential staff and all events and meetings organized or co-organized by WIPO in Geneva or elsewhere up until the end of May will be postponed, and should that not be possible, cancelled.  Insofar as the May 7-8, 2020, WIPO General Assembly is concerned, consultations are ongoing between the Secretariat, the Chair of the WIPO General Assembly and the Coordinators of the WIPO Regional Groups.

CNIPA

On February 6, CNIPA published the Answers to Matters Concerning the Time Limits for Trademark Business Handling Due to the Novel Coronavirus Outbreak (hereinafter referred to as the Answers) on its website, specifying related matters for clients.

The Answers specifies that, for trademark-related businesses like trademark supplement and correction, reply to examination comments, trademark fee payment, provision of proof for use for applications on the same day and reply of negotiation, provision of proof for cancellation of registered trademark for non-use for three consecutive years, application, reply and additional evidence for trademark oppositions, retrial of refused trademark and retrial of invalidation, and trademark-related matters like reply to request for invalidation and additional evidence, if the client fails to do them within the legal or specified time limit due to the epidemic, related time limit shall be suspended since the date when client begins to be hospitalized or isolated after being infected with the novel coronavirus pneumonia or the date when trademark businesses can’t be handled normally in the place where the client is located due to the prevention and control measures, until the date when the infected client is discharged from hospital or the isolation ends, or the date when the local place resumes work and management and control on people ends.

The Answers also specifies that, when handling the above trademark businesses, clients shall also submit the written application for the suspension of the applicable time limit, which is supposed to specify the place where the client is located during the epidemic, barrier to exercise of right and date of elimination, with corresponding evidentiary materials being attached. The evidentiary materials shall include the time limit of infection and treatment, isolation or control, except the public notice on postponement of resuming work issued by local government. To lighten the burden of clients affected by the epidemic, for multiple similar applications for suspension of time limit for the same reason, only one copy of the evidentiary materials needs to be submitted, and it shall be submitted together with one of the cases. And for other cases, only the application number of the case to which the evidentiary materials are enclosed needs to be indicated in the application for suspension of the applicable time limit. 

EUIPO

The Executive Director of the EUIPO authorised the activation of the Office’s business continuity protocol, with the effect that as and from Monday 16 March, all EUIPO staff will work from home. This is done to protect the health and safety of staff, stakeholders and the wider community.

Measures have been implemented to ensure an uninterrupted service for users; as far as possible under the circumstances, business at the EUIPO continues as usual. Trade mark and design applications will continue to be received, examined and published, and the Office will continue to send communications and set deadlines. Bulletins will continue to be published as usual.

A decision of the Executive Director has been published extending all time limits 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.

Our Information Centre and Second Line will continue to operate as normal to receive queries by phone or email.

We are committed to providing the best service to our users we can during this period, and we will be publishing regular updates on our website and through our social media channels.

Users are also advised that the Office’s headquarters will remain closed until further notice; no visitors will be admitted and all events scheduled at the Office during this period are postponed.

USPTO

The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27.

Broadly, all prosecution deadlines that fall between 27 March and 30 April are now eligible for a 30-day extension. To get one, a party will need to file a statement claiming that the delay us due to the covid-19 pandemic and that someone involved with the prosecution is personally affected – with that definition including things such as office closures, travel delays and family illnesses. Crucially, such deadlines extensions are not possible for actions including inter partes review petitions and original filing deadlines. “Inventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of the effects of COVID-19,” said Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Andrei Iancu. “As a result, we are working to provide as much relief as possible to our stakeholders, consistent with our ability to maintain the USPTO’s fee-funded operations. We are especially mindful of the outsized impact on small businesses and independent inventors, and have provided additional relief for these groups. Ultimately, our goal is to ensure not only that inventors and entrepreneurs can weather the storm, but that they can hit the ground running once it passes.” 

The USPTO has made operational adjustments to keep its employees and the public safe as it remains open for business. In-person meetings, such as hearings and examiner interviews, are being conducted virtually by phone and video until further notice.

KIPO

KIPO provides support measures for applicants affected by Covid-19

Joining a nationwide effort to limit the spread and impact of the Covid-19, the Korean Intellectual Property Office (KIPO) announced measures to support its applicants and users in South Korea affected by the Covid-19.

According to the announcement, the measures include a grant of deadline extension for applicants who have failed to comply with the statutory time limits for submitting documents or paying fees to KIPO, for any reasons relating to the coronavirus. Affected applicants will be asked to submit a relief measure request or a statement of payment, together with an explanatory statement and evidential materials.

Specifically, the registry is offering to financially support companies affected by the virus and those helping to tackle it (through vaccine development, prevention and diagnosis). On top of that, the registry has pledged to “improve the examination and review process of patents, trademarks, and designs” and especially conduct “prompt examination” of any patents linked to the coronavirus. Finally, the KIPO is conducting “emergency monitoring” on counterfeit goods that could impede the recovery and health of citizens at risk of the virus. “These measures are what the patent office can take right now to respond to CO-19,” commented KIPO president Won Joo Park. “We will concentrate all our capabilities to protect the health and safety of our citizens and minimise the damage to our companies.”

KIPO also asks its customers to use its online services and phone interviews and avoid making physical visits to examiners and/or administrative judges, to prevent a possible spread of the coronavirus.

JPO

Japan Patent Office (JPO) remains open for all procedures, including electronic filings.

As preventive measures of COVID-19 at our office, alcohol disinfectant is placed at the reception desk, and our staff members wear masks.

For all the visitors, we ask for your understanding and cooperation in preventing the spread of COVID-19 by washing your hands frequently and observing coughing manners.

Applications and Trials/Appeals Pending at the JPO:

I. Designated Time Limits

If you are not able to carry out procedures for applications or trials/appeals pending at the JPO within the designated time limits due to the COVID-19 coronavirus, please attach a document explaining the circumstances that prevented you from carrying out the procedures. By doing so, the procedures will be considered to be valid even after the designated time limits expired if it is found to be necessary.

II. Statuary Time Limits

If you are unable to carry out certain procedures due to the COVID-19 coronavirus within the procedural periods specified by laws or governmental and ministerial ordinances, you can carry out the procedures only within the relief period.

In conducting the procedures, please attach a document explaining the circumstances that prevented you from conducting the procedures due to the COVID-19 coronavirus. When the JPO recognizes the necessity, the procedures will be considered to be valid.

1. Procedures to which relief measures can be applied by carrying out procedures within 14 days

It mainly involves the application of the application for the loss of novelty exception, the submission of priority documents, the submission of divisions, the request for extension of the patent period, the rejection of the request for review and the payment of the registration fee.

2. Procedures to which relief measures can be applied when conducting prescribed procedures within two months

It mainly involves the submission of Japanese translations, substantive examination requests and trademark renewal.

3. Priority claim

Please be sure to carry out procedures within two months from the expiration of the period you can file an application with a priority claim.

4. International applications under the Patent Cooperation Treaty

Please carry out procedures as soon as it becomes available. Please note, however, that this is limited to within six months after the lapse of the prescribed period.