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At the best of times, it can be both challenging and time-consuming to have your intellectual property, like a patent or trade mark registered. If you do not meet key deadlines, some of which are critical and require an investment in time and money, you can face significant consequences.
To avoid this, you need to demonstrate to the relevant patent office that:
- the deadline was missed due to exceptional circumstances beyond your control; and
- that it was always your intention to meet the deadline.
Even if you do satisfy these criteria, you are not guaranteed that you will be protected from costly extension fees or granted an extension.
But what if your critical intellectual property (IP) deadlines arise during uncertain times? What options do you have if you miss a deadline due to circumstances related to COVID-19?
Extensions and Exceptional Circumstances
Thankfully, numerous Intellectual Property Offices have taken action to make sure that your intellectual property rights may remain safe in the event you cannot meet a deadline due to the COVID-19 outbreak.
The tables below summarise the responses from some of the major Intellectual Property Offices around the world.
Patents
Country | Response |
---|---|
Australia |
|
New Zealand |
|
United States |
|
Europe |
|
United Kingdom |
|
Canada |
|
India |
|
Trade Marks
Country | Response |
---|---|
Australia |
|
New Zealand |
|
China |
|
United States |
|
Europe |
|
United Kingdom |
|
Canada |
|
Key Takeaways
Many Intellectual Property Offices have officially indicated that they will be empathetic when considering extension requests in the wake of Covid-19, while others have even suspended deadlines completely for the time-being. Check what extensions or changes of process are being offered in the jurisdictions relevant to your applications.
If you have any concerns about maintaining your IP right in these difficult times, LegalVision’s patent and trade mark lawyers can help. Fill out the form on this page or call us on 1300 544 755.
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