Intellectual Property Office ‘Interrupted Days’

On 27^th March, the UK Intellectual Property Office (UKIPO) declared the 24^th March 2020 and all subsequent days as ‘interrupted days’ until further notice, as a consequence of the coronavirus pandemic and the business interruption caused. This follows a similar decision made by the EUIPO on 16^th March 2020.

‘Interrupted days’ – what does this declaration by the UKIPO mean?

In practical terms, this means that the UKIPO has suspended any deadlines for patents, supplementary protection certificates, trade marks and designs, as well as applications for these rights. The UKIPO is due to review this declaration on 17^th April at which point the suspension will either continue, or will end two weeks later.

Consequently, any UKIPO deadline which would otherwise have expired within the period will automatically be extended until the next uninterrupted day, following the lifting of the suspension. For example, if the suspension is lifted on 1^st May (being two weeks from 17^th April), any party with a deadline that fell between 23^rd March and 1^st May, will now have to meet their deadline on 15^th May 2020. As matters currently stand at the EUIPO, all time limits expiring between 9^th March and 30^th April 2020 will be extended to 4^th May.

The declaration by the UKIPO affects all time periods set out in all relevant UK statutes (such as the Trade Marks Act 1994, Registered Designs Act 1949) and statutory instruments (for example the Trade Mark Rules), as well as non-statutory time periods that have been stipulated by UKIPO staff in (for example) prosecution, opposition or cancellation proceedings.

The suspension does not apply timescales and deadlines prescribed under the international Intellectual Property treaties. Consequently, the declaration does not affect any applications for an international trade mark registration, designating the UK, even though the UKIPO is the local office, receiving the application.

Notwithstanding the suspension of deadlines, the IPO is operational and encourages parties to comply with their original deadlines, if possible.