Deadlines for all papers, pleadings, documents, and payments at the Intellectual Property Office (IPOPHL), falling due from 16 March 2020 to 15 May 2020, have been extended.
The IPOPHL announced that deadlines for papers, pleadings, documents, and payments falling due from 16 March 2020 to 15 May 2020 shall be extended as follows:
- For deadlines falling from 16 March 2020 to 31 March 2020, submissions may be filed until 31 May 2020.
- Deadlines falling from 1 April 2020 to 15 May 2020 are extended for a period ofsixty (60) calendar days from the due date.
Note that for deadlines falling from 1 April 2020 to 15 May 2020, the extended period is counted from the due date, unlike the Supreme Court extension which is counted from the lifting of the Enhanced Community Quarantine (ECQ) period.
All scheduled hearings before the IPOPHL, including mediation, shall remain suspended until 15 May 2020.
These guidelines are contained in IPOPHL Memorandum Circular No. 2020-009 dated 7 April 2020, amending IPOPHL Memorandum Circular Nos. 2020-006, 2020-007, 2020-008, 2020-009 and 2020-010.
FILING OF TPO AND AI
However, the foregoing rules do not apply for the filing of Third Party Observation (TPO) and Adverse Information (AI) on utility model (UM) and industrial design (ID) applications for Personal Protective Equipment (PPE), medical/health care equipment/devices, and pharmaceutical products) urgently needed to contain and address the COVID-19 health situation.
As a rule, the TPO is filed 6 months from the date of publication and the AI is filed 30 days from the date of publication. Extension of the periods to file, however, will cause delay in the processing of these items needed for the COVID-19 situation. The deadlines provided under MC 2020-010 still apply, as follows:
- Where the deadline for filing of the TPO/AI falls within 16 March 2020 until 21 April 2020, the deadline shall be on 11 May 2020.
- For those with deadlines falling due from 22 April 2020 until 30 April 2020, an extension period of 15 calendar days shall be given from the due date.
- For UM and ID published starting 21 April 2020, the original 60-day (for TPO) or 30-day (for AI) period applies, counted from the date of publication.
The requirement on verification shall be waived for the purpose of submitting/filing the Adverse Information, but must be submitted within 5 working days once IPOPHL resumes normal operations. The required evidence and supporting documents must be included in the TPO or AI to be submitted/filed for these to be given due course.
APPLICATIONS CLAIMING PRIORITY RIGHTS
For invention, utility model, industrial design, and trademark applications claiming priority date, the online filing must be used to comply with the prescribed period for claiming of priority date.
EXTENSION FOR PAYMENTS
Payment of filing fees including claim for convention priority fees of new applications for patents, utility models, industrial designs, and trademarks, with or without the claim of priority date, which are filed through the IPOPHL electronic filing systems shall be extended for a period of 60 calendar days from the due date. If the 60th day falls on a weekend or holiday, payment shall be on the next working day. The date when the application was filed online shall be deemed the filing date. However, applicants may still pay using the online payment system upon filing.
NEW APPLICATIONS
New applications for patents, utility models, industrial designs, and trademarks from 16 March 2020 to 15 May 2020 may be filed online through the IPOPHL electronic filing system but processing shall commence upon resumption of work. No manual filing shall be accepted during the said period.
- Extension of Filing Periods and Suspension of Hearings for March 29 to April 4, 2021: SC Administrative Circular No. 14-2021 (Full Text) - March 28, 2021
- ECQ Bubble for NCR, Bulacan, Cavite, Laguna and Rizal: Resolution No. 106-A (Full Text) - March 27, 2021
- Guidelines on the Administration of COVID-19 Vaccines in the Workplaces (Labor Advisory No. 3) - March 12, 2021