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Industrial Property Offices Announce Extensions of Deadlines due to Covid-19

| COVID-19 | Intellectual Property

Following the declaration of the state of alert approved by Royal Decree 463/2020 of 14th March

Following the approval of Royal Decree 463/2020, which declared the state of alarm in Spain for the management of the health crisis caused by COVID-19, different measures have been implemented to respond to this situation and its consequences.

Thus, from the point of view of Industrial Property, on 16th March 2020, the Spanish Patent and Trademark Office (SPTO) issued a resolution announcing the following:

  • (i) The periods of limitation and expiry of any actions and rights enforceable before the SPTO are suspended.
  • (ii) Administrative procedures are suspended and automatic communications or notifications referring to time limits should not be considered.
  • (iii) However, the above does not mean that, about the suspension of terms and the interruption of the calculation of time limits, the electronic services of the SPTO may no longer be used.
  • (iv) Certain measures for the organisation and instruction of certain procedures are studied so that they can continue their course, provided this avoids serious damage to the rights and interests of the interested party, which will be announced in due course.
  • (v) These measures will be in force if the state of alarm is maintained.

For its part, the EU Intellectual Property Office (EUIPO) has reported that it is extending the administrative deadlines until May 1, 2020, while the European Patent Office (EPO) will extend them to April 17.

We hope the information is useful and of your interest. From Andersen Tax & Legal we have created a multidisciplinary team to attend all the questions that may arise on this aspect or in relation to the COVID-19.

You can download the complete document here.

For more information please contact:

Adargelio Garrido | Of Counsel in the area of Industrial and Intellectual Property

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