SOEI PATENT & LAW FIRM

This information on Special Provisions for Patents with Respect to Emergencies in various countries was provided by one of our associates practicing in the particular jurisdiction. The first line is the name of the associate who provided the information and clicking on the name will take the reader to the associate’s website. The rest of the information provided should be read with reference to the template below.


AR	Argentina	Miranda & Asociados
		Force majeure
			yes	yes
		Extension of period
		Submit a request, explaining the situation and duly justifying the interference/disaster.
		Patent Law (art. 19, art. 43, art. 62c)and Civil Code (art. 514)
		The extension-of-period relief is available in the following cases: 1) When the filing documentation (such as priority documents) has not been submitted within 90 days from filing (art. 19), 2)When the patent has not been worked within 3 years from granting or 4 years from filing (art. 43), and 3)When the payment of the annuities has not been effected within the legal terms. Art. 514 of Civil Code defines the scope of force majeure as unpredictable events, or predicted but unavoidable events.
AU	Australia	Spruson & Ferguson
		1) an error or omission by the Australian Patent Office; 2) an error or omission by the applicant (or other concerned person seeking extension) or his/her agent; 3) circumstances beyond the control of the applicant (or other concerned person); or 4) act not done within prescribed time despite applicant (or other person concerned) taking due care, as required in the circumstances, to ensure the doing of the act within that time.
			yes	yes
		Extension of time for doing the relevant act. Relief available for most acts having a prescribed deadline, including filing Convention application and entering National Phase of International Application. Not available for non-Convention filing, given that there is no prescribed deadline
		Submit an Application for Extension of Time with fee. A Statutory Declaration must be filed in support of the Application, setting out in candid detail the circumstances that led to the act not being done by the prescribed deadline. The Australian Patent Office sets a two month deadline for filing the Statutory Declaration
		Patent Law Section 223(2)
		Automatic extension was granted during a strike by post office

CA	Canada	SMART & BIGGAR

			no	no



		http://strategis.ic.gc.ca/sc_mrksv/cipo/about/emergency-e.html

CN	China	Jeekai & Partners
		Force majeure
			yes	yes
		Relief_Available Extension of period
		Submit a request with supporting documents and pay the restore fee within two months after the impediment is removed and at latest two years after the due date.
		Paragraph 1 of Rule 7, Implementing Regulations of the Chinese Patent Law
		The provision of Rule 7 can not be applied to the following occations: (1)Disclosures not causing loss of novelty (2)Claiming priority under the Paris Convention (3)The duration of a patent (4)The statute of limitation to prosecute patent infringement

DE	Germany	Grunecker, Kinkeldey, Stockmair & Schwanhausser
		Force majeure
			yes	yes
		Extension of period ・Oppositions and claim of priorities and appeals against maintaining the patent excluded
		Submit a request
		Patent Law 123


EP	EPO	Hoffmann-Eitle
		Exceptional Situation, such as natural desaster, postal strike, war, revolution, civil disorder
			yes	yes
		Extension of term
		As far as the situation is announced by the president of the EPO, there is no special procedure required. The foreign representative has to prove the exceptional situation in his country including the disorder of the mail service.
		Rule 85 (2), (4) and (5) EPC


FR	France	Cabinet Beau de Lomenie
		Legitimate excuse
			yes	yes
		1. Reinstatement in case of term not respected.(do not apply to priority terms, fees relating to the search report within to the 18-months term or to the term for paying annual fees. 2. Restoration of a patent when the lapsing is due to the non-payment of an annuity.
		1. Submit a request within two months of the hindrance ceasing to exist. Only admissible within a period of one year from the expiry of the time limit. 2. Submit a request within three months from the receipt of the decision of forfeiture.
		1. Art. L 612-16 of IPC. 2. Art. L 613-22 of IPC
		Natural catastrophes or others causes do constitute a legitimate excuse provided it can be proved that the patent owner or agent were unable to give instructions in due time. Extension was granted during a strike by post office (notice Director of the Patent Office)

GB	United Kingdom	BOULT WADE TENNANT
		Natural disaster Force majeure
			yes	yes
		Extension of period
		Submit a request and explanation of the situation (Explanation to the representative in U.K. is also acceptable)
		Patent Law 123(2)(h), Rule 110, 111; Trademark Law 78(2)(f), Rule 62; Design Law 36
		Extension was granted during a strike by post office

IT	Italy	Societa Italiana Brevetti
		Force majeure
			no	no
		Excuse for not meeting time limit
		Accomplish due act and submit a request including suitable documentation (proving that the impediment was caused by force majeure) within two months after the emergency is resolved and in any case within one year after the due date.
		Codice Unico Proprieta Industriale - Article 193
		Only an Italian Representative can be eligible to apply for a relief.

JP	Japan	Soei Patent & Law Office
		Natural Disaster
			yes	yes
		Extension of period
		Submit a request
		By special announcement
		Following the Kobe earthquake in 1995 and the Niigata earthquake in 2004, due dates were extended for all procedures except: 1. The filing of applications claimimg priority under the Paris Convention 2. The filing of oppositions to patent or trademark registrations 3. The late payment of annual fees after the end of the frace period

KR	Korea	BAE, KIM & LEE IP Group
		Natural Disaster or unavoidable circumstances
			yes	yes
		Extension of period
		Submit a request within 14 days after the emergency is resolved. In this case, the request date should not exceed one year from a due date.
		Patent Law 16, 17, 23 Regulation 17


MY	Malaysia	PETER HUANG & RICHARD
		Force Majeure
			yes	yes
		Extension of time for doing an act under patent law
		Submit a request (by letter) to the registrar accompanied by a statement or declaration by the relevant person explaining the reasons for lateness in performing act.
		Patent Law Section 83. At discretion of Registrar.


NZ	New Zealand	Baldwins
		Natural disaster
			yes	yes
		Extension of deadlines for applications, etc. (including trademark and design applications)
		Submit a request
		Various provisions
		Section 5 allows for closure of the Patent Office at short notice. Filing deadlines that fall on a day the Patent Office is closed can be extended to the next working day of the Patent Office. Section 93A provides additional provisions for extending time limits, for example by failure of the postal system.

PT	Portugal	Hoffmann-Eitle
		force majeure, emergency situation
			yes	yes
		re-establishment of rights
		Submit a request within two months from the removal of the cause of non-compliance with the time limit, but not later than one year from the time limit, pay an official fee
		Article 8 of the Industrial Property Code


TH	Thailand	S&I International Bangkok Office
		Unavoidable circumstances
			yes	yes
		Extension of period for submitting documentary evidence 3 times. First, for 90 more days, Second, for another 90 more days and last time for 30 more days. If an applicant fails to submit evidence within a period in the last extension, an application is deemed abandoned.
		Submit a request to Director of Patent Office and explain the situation before the due date.
		"Notification of Department of Intellectual Property on “Time Extension to Submit Documentary Evidence concerning to Patent and Petty Patent 2005", Clause 3-5.


TW	Taiwan	LEE AND LI
		1. Natural calamities or other causes not attributable to the applicant 2. Cases of an invention patent granted upon application filed by a person other than the person entitled to file such an application for the invention 3. Damages as a result of war between the Republic of China and a foreign country
			yes	yes
		1. Reinstatement of the case to its original condition 2. The filing date of the application filed by the person not entitled to file the application shall be taken as the filing date of the application filed by the person entitled to file the application. 3. Prolongation of the term of the patent for five to ten years (only one such prolongation shall be permitted)
		1. File a written application within thirty (30) days after termination of such a cause(s) 2. The person entitled to file the patent application shall file a cancellation action against the patent application filed by the person not entitled to apply for patent within two (2) years from the publication date of the patent in question, and shall file his own patent application within sixty (60) days from the date on which the cancellation decision becomes irrevocable. 3. Submit a request
		1. Paragraph 2 of Article 17 of the Taiwan Patent Law 2. Paragraph 1 of Article 34 of the Taiwan Patent Law 3. Article 63 of the Taiwan Patent Law
		3. However, this provision shall not apply if the patentee is a national of the belligerent country.

US	United States	DRINKER BIDDLE & REATH LLP
		Unpredictable and unavoidable situation Force majeure
			yes	yes
		Extension of period
		Submit a request
		General Provision
		Extension was granted when a flood occurred. Extension was also granted for hurricanes, as per 35 U.S.C. 21(a) and 37 CFR 1.10(i) which deal with interruptions to postal service due to emergencies. In at least one case, the USPTO declared that due to critical emergency situation, September 11, 2001 would be considered a "federal holiday within the District of Columbia" under 35 U.S.C. § 21(b). Accumulation of snow is considered predictable and no extension shall be granted. --------------------------------- First of all, please note following link to USPTO web page entitled "Notifications relating to Security Issues and Emergencies". http://www.uspto.gov/emergencyalerts/index_emergency.html Second, please note following link to November 2005 Notice entitled "United States Postal Service Interruption and Emergency under 35 U.s.C. 21(a)." http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/usps_wilma.pdf This link in turn refers to 35 U.S.C. 21(a) and 37 CFR 1.10(i) which deal with interruptions to postal service due to emergencies. This particular notice relates to Hurrican Wilma which affected Florida on October 24, 2005. Finally, in at least one case (September 11, 2001) the USPTO declared due to emergency situation, the Patent and Trademark Office would consider September 11 a "federal holiday within the District of Columbia" under 35 U.S.C. § 21(b). See following link: http://www.uspto.gov/emergencyalerts/emergencyclosure01.htm

ZA	South Africa	Adams & Adams
		Special Situation
			yes	yes
		Extension of periods for performing certain acts, but excluding extensions for claiming priority.
		Submit a request to the Registrar of Patents.
		General provisions relating to the powers of the registrar (s89 of the Patents Act).

LINKS

Special Provisions for Patent with Respect to Emergencies