If patent and trademark applications are delayed due to the impact of the “Severe Pneumonia with Novel Pathogens (COVID-19)” epidemic situation, the statutory period or specific time period shall be handled as follows.
I. Statutory time period:
1. Those who apply for reinstatement in accordance with Article 17, Paragraph 2 of the Patent Act and Article 12 of the Enforcement Rules of the Patent Act or Article 8, Paragraph 2 of the Trademark Act and Article 9 of the Enforcement Rules of the Trademark Act, a written request with TIPO stating the cause(s) for the delay of a statutory time period due to the COVID-19 epidemic situation shall be filed with supporting documents to request for reinstatement, and the applicant shall concurrently fulfill all obligations that should have been fulfilled within the concerned time period, then TIPO will in principle leniently approve based on the specific circumstances of the case.
2. If the applicant appoints an agent and the applicant’s contact with the agent is affected by the COVID-19 epidemic situation, thus resulting in that the applicant fails to comply with the statutory time period, the agent may present supporting evidence, and TIPO will determine it based on the specific circumstances of the case.
II. Specific time period:
1. If the applicant fails to comply with the specific time period due to the COVID-19 epidemic situation, and the delay of not acting within a specified time period has been remedied before the dismissal decision is served by TIPO, such application or proceeding shall still be accepted; if the applicant considers that the extension of original specific time period is necessary due to the impact of the COVID-19 epidemic situation, please file a written request to with supporting evidence, and TIPO will leniently approve based on the specific circumstances of the case.
2. When the applicant applies for the extension of the specific time period due to the COVID-19 epidemic situation, the extension of the specific time period shall be handled in accordance with the current examination guidelines and other practical regulations; if the applicant is still unable to respond within the original specific time period due to the impact of the COVID-19 epidemic situation, the applicant may file a written request with supporting evidence, and once TIPO considers it is necessary, the period of the original specific time period will be extended for another month; in addition, if the specific time period needs to be extended for more than one month according to the supporting evidence provided by the applicant, , it may be extended for more than one month depending on the specific circumstances of the case.