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Spanish PTO measures in response to COVID-19

  • 17 March 2020
  • Articles

We hereby inform that on 16 March 2020, and based on Royal Decree 463/2020 of 14 March whereby declaring a state of alarm in Spain, the Spanish Patent and Trademark Office (OEPM) has announced the following measures:

Administrative procedures are suspended and interrupted, therefore automatic communications or notifications in reference to terms must not be taken into account.

• Nevertheless, in relation to the suspension of the terms and the interruption of calculating deadlines, the OEPM electronic services can still be used.

Measures are being studied for the organization and processing of certain prosecution formalities so that prosecution may follow its course, provided that it prevents serious injury to the rights and interests of the party involved. Regarding this issue point, the OEPM will publish a Resolution of the Director of the OEPM.

The deadlines and expiration of any actions and rights enforceable in the OEPM are hereby suspended.

• Said measures shall be in effect for as long as the state of alarm is maintained.

Furthermore, the EU Intellectual Property Office (EUIPO) has communicated that administrative deadlines will be extended until next 1 May 2020. In turn, the European Patent Office (EPO) will extend deadlines up to 17 April.

At ClarkeModet we will continue to perform a comprehensive monitoring and tracking of the status of our clients’ cases in the OEPM. Should these measures require any further action on our clients’ part, we shall inform them in a timely manner.

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