Due to operational restrictions related to COVID-19, the Canadian Intellectual Property Office (CIPO) has provided public notice of various service and website interruptions: HERE.
Most deadlines that originally fell between March 16, 2020 and August 21, 2020, now fall on August 24, 2020.
This automatic extension applies to all deadlines set in the Patent Act, the Industrial Design Act, the Trademarks Act, Trademarks Regulations or by the Trademarks Opposition Board. The Trademarks Office has also indicated that it will consider the disruption caused by COVID-19 a sufficient circumstance to obtain an extension of time for deadlines falling after August 21, 2020.
CIPO notes that this is intended to be the final automatic extension they are instituting on account of the continuing disruption caused by the COVID-19 outbreak. Previously, deadlines from March 16, 2020 to August 7, 2020 were extended until August 10, 2020. On August 5, 2020, these deadlines along with deadlines from August 10, 2020 to August 21, 2020 were extended to August 24, 2020.
If you have a deadline that falls between March 16, 2020 and August 21, 2020, CIPO remains open for business and has encouraged everyone to not wait until the last minute to file time sensitive documents. Filing in a timely manner will avoid the potential additional costs and associated risks of losing your rights.
Certain deadlines cannot be extended and must be met. For example, the requirement that a divisional patent application be filed before its parent application issues to patent cannot be extended. Other examples exist and you should contact your lawyer for case-specific advice on how your deadlines are affected.
Method Law is open and able to meet all original deadlines provided that you provide us with timely instructions.
This article is provided for informational purposes only and is not legal advice. For further information, please contact us by phone (416-847-0054) or by email at mail@methodlaw.ca, or click on the following link provided by CIPO dealing with: Frequently asked questions – COVID-19 service interruptions.