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05.15.2020
Delay of a Statutory or Specified Time Period Caused by the Impact of Severe Pneumonia with Novel Pathogens (COVID-19)

If an applicant for a patent and/or trademark delays a statutory or specified time period due to the impact of the "Severe Pneumonia with Novel Pathogens (COVID-19)," the delay of the statutory time period or specified time period shall be handled by the TIPO as follows:
 

1. Statutory time period:

(1) When filing a request for reinstatement in accordance with Article 17 Paragraph 2 of the Patent Act and Rule 12 of the Enforcement Rules of the Patent Act or Article 8 Paragraph 2 of the Trademark Act and Rule 9 of the Enforcement Rules of the Trademark Act, the cause for the delay due to COVID-19 shall be stated, relevant evidence shall be attached and required actions shall be taken. In principle, the TIPO will adopt a lenient standard according to each specific case.

(2) If the applicant's contact with the agent is affected by COVID-19 and the applicant thus delays a statutory time period, the agent may present relevant evidence, and the TIPO will evaluate such evidence according to the specific circumstances of the case.


2. Specified time period:

(1) If the applicant delays a specified time period because of COVID-19, the original documents can still be submitted before a decision is issued by the TIPO. If the applicant considers that the specified time period should be extended due to the impact of the epidemic, please submit relevant evidence. The TIPO will adopt a lenient standard according to each specific case.

(2) If the applicant is unable to take any action during the specified time period which meets the current practical regulations of the Examination Guidelines and thus needs to apply for an extension of the specified time period because of COVID-19. The applicant may submit relevant evidence to further extend the specified time period. The TIPO will consider whether the further extension of the specified time period is necessary. If the further extension of the specified time period is deemed necessary, the TIPO will in principle further extend the specified time period for one month; however, based on the applicant’s relevant evidence for a specific case, the further extension of more than one month may be granted depending on the specific case.


(Translated from the Hot News announced on the website of the Taiwan Intellectual Property Office) 

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