Urgent CIPO update regarding COVID-19: DEADLINE EXTENSION TO May 1, 2020
By Scott Miller and Randy Marusyk, March 31st, 2020
On account of the continuing unforeseen disruption caused by the COVID-19 outbreak, and being satisfied that it is in the public interest to do so, the Commissioner of Patents, under subsection 78(2) of the Patent Act, the Registrar of Trademarks under subsection 66(2) of the Trademarks Act, and the Minister under subsection 21(2) of the Industrial Design Act have designated for the purposes of subsection 78(1) of the Patent Act, subsection 66(1) of the Trademarks Act, and subsection 21(1) of the Industrial Design Act all days in the period of time beginning on April 1, 2020 and ending on April 30, 2020. This designation is in addition to the previous designation of the days in the period beginning March 16, 2020 and ending March 31, 2020.
The result of designating these days is that if a time period fixed under the Patent Act, Trademarks Act and Industrial Design Act in respect of any business before the Canadian Intellectual Property Office for doing anything ends on any of these designated days, that time period is extended to the next day that is not either a designated day or a day that has been prescribed under section 5 of the Patent Rules, section 15 of the Trademarks Regulations and section 36 of the Industrial Design Regulations, which means that all such time limits ending on any of these designated days will now be extended until May 1, 2020.
It should still be noted that if the circumstances that led to the designation of these days continues, the Commissioner, Registrar and Minister may decide to extend the period of time for which days are designated.
The result of designating these days is that if a time period fixed under the Patent Act, Trademarks Act and Industrial Design Act in respect of any business before the Canadian Intellectual Property Office for doing anything ends on any of these designated days, that time period is extended to the next day that is not either a designated day or a day that has been prescribed under section 5 of the Patent Rules, section 15 of the Trademarks Regulations and section 36 of the Industrial Design Regulations, which means that all such time limits ending on any of these designated days will now be extended until May 1, 2020.
It should still be noted that if the circumstances that led to the designation of these days continues, the Commissioner, Registrar and Minister may decide to extend the period of time for which days are designated.
For more information please contact:
Scott Miller, Co-Managing Partner, Head of the Litigation Department
T: 613.801.1099
E:
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Randy Marusyk, Co-Managing Partner
T: 613.801.1088
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This article is general information only and is not to be taken as legal or professional advice. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP. If you would like more information about intellectual property, please feel free to reach out to MBM for a free consultation.
