Posted by Laura Ercoli on Friday April 10th, 2020

Italian and European IP offices extensions of terms for trademarks, designs and patents

Proprietà intellettuale proroghe

Please read the updated version of this article here.

ITALY

The suspension of terms announced by the Italian Patent and Trademark Office on 11 March 2020 (more here) has been extended by two successive law decrees dated 18 March and 9 April 2020.

The effect of the above measures is the suspension of all terms provided for by the Italian Industrial Property Code and by the IPTO falling from 23 February to 15 May 2020.

How to calculate the period of suspension

The remaining days between the date of the suspension and the date of the term’s expiry will start running again from 15 May 2020.

Terms that start running during the suspension period

Where terms for a certain activity (such as the filing of a deed or an answer to the office) start running from a date falling from 23 February to 15 May 2020, the initial running date is postponed to 15 May 2020.

Annuities and renewals

The validity of intellectual property rights expiring on 23 February 2020 or later is extended until 15 June 2020. Therefore annuity payments and/or requests for renewals concerning patents, trademarks or designs that unless renewed would expire during the period between 23 February and 15 May 2020 must be finalised by 30 June 2020.

EUROPE

European Union Intellectual Property Office

The European Union Intellectual Property Office (EUIPO) has published a decision that extends until 1 May 2020 all time limits expiring from 9 March 2020 to 30 April 2020 that affect all parties in proceedings pending before the EUIPO.

European Patent Office

The European Patent Office (EPO) is continually updating its Coronavirus information page.

Community Plant Variety Office

The Community Plant Variety Office (CPVO) has issued a decision to extend until 4 May 2020 deadlines falling from 17 March to 3 May included,  for parties in proceedings before the CPVO and the Board of Appeal.

The CPVO has also issued an explanatory note  that details the practical aspects of the above decision.

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