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Legal deadlines ("4. COVID-19-GESETZ")
The statutory time limits laid down in the Patent Act 1970, Protection Certificate Act 1996, Semiconductor Protection Act, Utility Model Act, Patent Agreements Introduction Act, Trademark Protection Act 1970 and Design Protection Act 1990 have been extended as follows
The period from March 16, 2020 to the expiry of April 30, 2020 should not be included in the period in which a request is to be filed, a declaration made or an act performed.
In contrast to the deadlines for appeal and official deadlines, the beginning of the deadline was not reset, but remained unchanged. The expiration of the deadline was postponed by the time that lied within the period from March 16, 2020 to the expiration of April 30, 2020.
These deadlines are subject to a so-called deadline suspension. Simplified, this means that the deadline stoped running (March 16, 2020 up to and including April 30, 2020 = 46 days) and continued after the period of suspension. If only part of a deadline (at the beginning or at the end) fell within the period from March 16, 2020 to April 30, 2020 inclusive, only the part was added.
The aim is to ensure that, as a result, the original deadline is available in full for the assertion of rights.
Attention! There was no extension of
- Deadlines under the Patent Office Fees Act for the payment of annuity or renewal fees (without prejudice to the possibility of a request for restitutio in integrum into a grace period for the payment of these fees)
- Time limits due to EU law
Time Limits for appeals ("2. COVID-19-GESETZ")
Time limits for appeals which have not yet expired by March 22, 2020 was also interrupted until April 30, 2020 in accordance with the Federal Act on Accompanying Measures for COVID-19 in the Judiciary. They began to run anew on May 1, 2020 (from the beginning).
Official deadlines ("Patentamts-COVID-19-Verordnung")
All open official time limits still open on March 16, 2020 in proceedings before the Patent Office (e.g. time limits for comments on notices or time limits for the submission of a counter-statement in bilateral proceedings) were interrupted by ordinance until April 30, 2020. They started anew on May 1, 2020 (in principle from the beginning), although the Patent Office may also set an appropriate new deadline from May 1, 2020.
Information from other offices
International trade marks under the Madrid system - notifications by the International Bureau in Geneva
In view of the continuing COVID-related restrictions on postal traffic, the International Bureau of the World Intellectual Property Organization (WIPO) urges applicants and owners of international trademarks under the Madrid system and their representatives to provide an e-mail address for the delivery of notifications concerning these international trademarks. Such e-mail address can be provided either directly in the request for international registration or directly to Contact Madrid.
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