EUIPO and EPO: Update on deadline extensions

Following the previous deadline extension until 1 May 2020, the European Union Intellectual Property Office’s (EUIPO) Executive Director has issued Decision No EX-20-4, which extends until 18 May all time limits expiring between 1 May 2020 and 17 May 2020 that affect all parties in proceedings before the Office.

As per EUIPO’s guidance, “the reference to ‘all time limits’ is to be read literally and encompasses all procedural deadlines, irrespective of whether they have been set by the Office or are statutory in nature (i.e. set forth directly in the Regulations)”. In addition, it is stressed that “the expression ‘proceedings before the Office’ only relates to trade mark and design matters” handled only before EUIPO.

Included in these time limits are the payment of the application fee, the right of priority, the opposition period, the payment of the opposition fee, the request for renewal, the filing of an appeal and of the statement of grounds and, among others, the payment of the appeal fee.

The effect of the new expiry date is automatic; therefore, it is not required that affected parties request this extension.

Regarding European Patent Office (EPO), following the previous deadline extension until 17 April 2020, EPO has issued a Notice stating that all time limits expiring on or after 15 March 2020 are further extended until 4 May 2020. This deadline extension also applies to periods for paying fees, including renewal fees.

EPO has also issued a Notice informing that oral proceedings will not be held in the premises of the Boards of Appeal until 15 May 2020 and the concerned parties will be contacted accordingly by way of a communication.