On March 11, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally; in its situation report for April 2, the WHO indicates that there have been 896,450 cases globally. The WHO's declaration earlier this month -- and global developments since then -- raise the question of how the pandemic has been affecting the patent community.
We have been reporting (see links below) on the impact of the COVID-19 pandemic on the U.S. Patent and Trademark Office, World Intellectual Property Organization, European Patent Office, IP Australia, Intellectual Property Office of New Zealand (IPONZ), Brazilian Patent and Trademark Office (INPI), Canadian Intellectual Property Office (CIPO), Mexican Institute of Industrial Property (IMPI), National Office of Intellectual Property (ONAPI) in the Dominican Republic, Intellectual Property India, National Intellectual Property Office (NIPO) in Sri Lanka, Israel Patent Office, Intellectual Property Office of Vietnam (NOIP), and Directorate General of Intellectual Property (DGIP) in Indonesia, as well as U.S. Federal courts, including, in particular, the Supreme Court and Federal Circuit.
Today we present further developments at WIPO and the USPTO, and in Canada, Indonesia, and Vietnam in response to the COVID-19 pandemic.
On March 16, WIPO announced that it had implemented its business continuity plans and would therefore be able to continue to process applications filed through the Patent Cooperation Treaty (PCT), the Madrid System for the International Registration of Marks, the Hague System for the International Registration of Industrial Designs, as well as administer other IP and related systems. On Monday, WIPO announced that as a result of the COVID-19 pandemic, the International Bureau had suspended the transmittal of PCT documents (e.g., PCT Forms, letters) on paper, and that until further notice, the International Bureau would be transmitting documents only via e-mail. WIPO encouraged users who have not yet provided the International Bureau with an e-mail address in relation to their international applications to provide such information urgently by:
i. populating the information directly in relation to one of their pending international applications in ePCT;
ii. using the PCT Contingency upload service;
iii. sending an email to one of the following addresses: pct.eservices@wipo.int or pct.infoline@wipo.int; or
iv. using the WIPO (PCT) customer Contact Us page.
Additional information on how to provide information in ePCT can be obtained by consulting the WIPO webpage on electronic communication methods with the International Bureau or referring to ePCT FAQs. Applicants and practitioners may also contact pct.eservices@wipo.int for assistance.
WIPO noted that PCT-related documents for individual applications can be viewed through WIPO's IP portal, ePCT, or after publication, via PATENTSCOPE. WIPO is encouraging all users to communicate with the International Bureau exclusively by electronic means; with the best means for communicating electronically with the International Bureau being ePCT.
In a notice published in the Federal Register (85 Fed. Reg. 17502) on Monday, the U.S Patent and Trademark Office announced that as a result of the COVID-19 pandemic, the Office was waiving its requirements for submitting an original handwritten signature personally signed in permanent dark ink or its equivalent for certain correspondence with the Office of Enrollment and Discipline and certain payments by credit card. In both instances, the Office will accept copies of handwritten signatures. The notice also indicated that other than the two requirements being waived, the Office has no other requirements for original handwritten, ink signatures.
On March 16, CIPO announced that it intended to remain open and in operation during the pandemic, and encouraged applicants and representatives to use its online services for all transactions with CIPO. CIPO also automatically extended all deadlines falling between March 16 and March 31 to April 1. On Tuesday, Canadian patent law firm Bereksin & Parr notified the patent community that CIPO had announced a further extension of all deadlines to May 1, 2020.
Yesterday, Indonesia patent law firm LSP Partnership notified the patent community that the DGIP had extended its closure from March 31 to April 21, 2020. As a result, the DGIP would be providing a further extension of time for the submission of any formality documents and payment of any annuity fees that fall due between March 23 and April 21, 2020 until the DGIP resumes service.
Last week, the Intellectual Property Office of Vietnam (IP Vietnam) noted that it was continuing to operate on its normal schedule, but was limiting in-person interviews with IP Vietnam's examiners in response to the COVID-19 pandemic.
Yesterday, Vietnamese patent law firm Vision & Associates notified the patent community that IP Vietnam issued Notification No.5277/TB-SHTT on March 31, in which it indicated that as of April 1, 2020, all transactions between IP Vietnam and Applicants were to be performed only through postal service or the e-filing system until further notice, and that deadlines falling on March 30, 2020 to April 30, 2020 for establishing IP rights for all IP matters (i.e., claiming priority, submitting documents, responding to Decisions/Notifications from IP Vietnam, paying annuity and renewal fees, making payment of relevant fees, filing appeals) are automatically extended to May 30, 2020. IP Vietnam also noted that it would resume receiving Patent Prosecution Highway (PPH) requests under the PPH program between IP Vietnam and the Japan Patent Office (JPO) on May 4, 2020.
Patent Docs will continue to monitor and report on patent-related developments related to the COVID-19 pandemic. In addition, we encourage our readers to let us know about developments related to the COVID-19 pandemic at other patent offices.
