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Relief for the delay of statutory or specified time period of patent and trademark cases due to the Covid-19 pandemic

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TIPO announced the relief for the delay of statutory or specified time period due to the Covid-19 pandemic.

  1. Statutory time period

  • According to Article 17.2 of the Patent Act and Article 12 of the Enforcement Rules of the Patent Act, or Article  8.2 of the Trademark Act and Article 9 of the Enforcement Rules of the Trademark Act, an applicant filing a written request for reinstatement should state the delay of statutory time period is due to the Covid-19 pandemic and provide evidence thereof. While requesting for reinstatement, the applicant shall concurrently fulfil all obligations that should have been fulfilled within the concerned time period. In principle, such cases will be determined leniently on a case-by-case basis.
  • If the applicant who has appointed an agent fails to comply with the statutory time period due to the inconvenience of getting in contact with each other caused by the Covid-19 pandemic, he or she may file a written request for reinstatement accompanied by evidence thereof. In principle, such cases will be determined leniently on a case-by-case basis.
  1. Specified time period

  • The applicant who fails to comply with the specified time period due to the Covid-19 pandemic may still fulfill the requirements before a decision is rendered by TIPO. Considering the impact of the pandemic, the applicant who finds it necessary to extend the original specified time period could submit a written statement accompanied by evidence thereof. TIPO will follow the examination guidelines and have the cases determined leniently on a case-by-case basis.

  • The applicant who is still unable to fulfil the requirements during the aforementioned extension of specified time period could submit a statement to TIPO with evidence thereof. In principle, TIPO will approve another one-month extension if it deems it appropriate. However, if the evidence in the case shows that an extension of more than one month is needed, TIPO will then approve an appropriate period of time of longer than one month.

  • Publish Date : 2020-06-17
  • Update : 2020-06-17
  • Organization : International Affairs and Planning Division
  • Visitors : 537

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