The Canadian Intellectual Property Office (CIPO) has published an updated notice that time limits under the Canadian Patent Act, Trademarks Act and Industrial Design Act beginning on March 16, 2020 and ending on August 28, 2020 are automatically extended until August 31, 2020, due to the disruption caused by the COVID-19 outbreak1. CIPO has indicated that this will be the final COVID-related extension.
The Commissioner of Patents (Commissioner), the Registrar of Trademarks (Registrar) and the Minister have the authority to “designate any day” under the Patent Act,2 Trademarks Act3 and Industrial Design Act4 respectively, in the event of unforeseen circumstances and where it is in the public interest to do so. If a time period fixed under the Patent Act,5 Trademarks Act6 and Industrial Design Act7 ends on a designated day, the time period is extended to the next day that is not a designated day.
Previously, the Commissioner, Registrar and Minister decided to designate all days starting on March 16, 2020 and ending on August 21, 2020, in view of the disruption caused by the COVID-19 outbreak. On August 19, 2020, CIPO announced that all days starting on August 24, 2020 and ending on August 28, 2020 will also be designated days. Practically, this means that deadlines fixed under the Patent Act, Trademarks Act and Industrial Design Act that fall between March 16, 2020 and August 28, 2020 are extended to August 31, 2020.
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1 In the United States, the USPTO has also issued a notice of relief (but which does not grant waivers or extensions of dates or requirements). See https://www.uspto.gov/about-us/news-updates/relief-uspto-customers-affected-covid-19.
2 R.S.C., 1985, c. P-4, s. 78(2).
3 R.S.C., 1985, c. T-13, s. 66(2).
4 R.S.C., 1985, c. I-9, s. 21(2).
5 Supra note 1, s. 78(1).
6 Supra note 2, s. 66(1).
7 Supra note 3, s. 21(1).
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