Measures on deadlines and procedures for applicants affected by the catastrophe in Japan
Given the tragic events that took place in Japan, the Spanish Patent and Trademark Office wants to underline the measures provided by national law to redress the situation of missed deadlines and procedures by those applicants, owners, licensees, opponents and resident or domiciled correspondents, or those with commercial establishments in the areas affected by the earthquake and subsequent tsunami.
The following measures are to be applied, on a case-by-case basis by the SPTO, in compliance with legislation and taking into account the rights of third parties in the proceedings:
- The restoration of rights (Article 25 of the Trademark Law applicable to other categories of industrial property).
- The restoration of patent titles (Article 117 of the Patent Law).
- Deadline extension (Article 36 of the Patent Rules).
- Those who are considered due to irregularities in the postal service (Article 48 of the PCT and Rule 82 of the Implementing Regulation).
www.oepm.es
