Deadline Extensions at the Canadian Intellectual Property Office Due To COVID-19

Mar 19 2020

Update: Due to the ongoing COVID-19 crisis, the Canadian Intellectual Property Office (CIPO) announced on Friday March 27, 2020 that all outstanding deadlines will now carry-over to May 1, 2020.

Frequently asked questions for patents due to service interruptions have also been made available at the CIPO website: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04762.html

In a notice dated March 16, 2020, the Canadian Intellectual Property Office has announced that they are invoking “unforeseen circumstances” and “public interest” provisions to implement extensions of time limits for all deadlines fixed under the Patent Act, the Trademarks Act, and the Industrial Design Act. CIPO due dates falling between March 16, 2020 and March 31, 2020 are extended to April 1, 2020.

Should circumstances continue, the date may be extended further.

The extension only applies to deadlines fixed under the Patent Act, the Trademark Act, or the Industrial Design Act.  For instance, it applies to examination report response, examination request, maintenance fee deadlines, but may not apply to secure an application priority date, to secure a trademark first filing date, or for deadlines mandated by international treaty. 

CIPO remains open and will continue to accept filings through their online portal, though they have warned to expect significant delays in all services.

Ridout & Maybee LLP also remains open and is committed to working with you to protect your intellectual property assets.  It is our recommendation to continue to meet all deadlines, or to formally request extensions when provided by statute, whenever possible. If we cannot reach you to secure instructions, we will use these provisions to meet your deadline if necessary and appropriate. If you need to rely on the COVID-19 deadline extension, please contact your Ridout & Maybee LLP professional to confirm it is appropriate to do so.

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Tags: Announcement, CIPO, Coronavirus, Firm News, Industrial Designs, Patents, Trademarks, Virus