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June 2020 | Bulletin num.123 | Subscribe
NIPO: 088-17-040-8

June 1: Reinstatement of Administrative Terms in the SPTO

After the interruption of the administrative deadlines that led to the introduction of the Third Additional Provision in Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, and in execution of Royal Decree 537/2020, of May 22, on June 1 the administrative deadlines were reinstated, resuming since its interruption.

The initial day of the computation is June 1 at 0:00 for all deadlines. Therefore, if the interested party has three days left, the term will have expired on June 3.

In the periods indicated in months and with respect to which, before March 14, days of any of the months that compose it would have elapsed, the remaining calendar days of said month will be counted as business days, as nothing established the rule at respect and be the most favorable criterion to the administered. The rest of the full months remaining for said term will continue to be calculated from date to date in accordance with article 30.4 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.

The terms of those procedures that had been published or agreed from the start of the state of alarm until May 30, 2020, pursuant to the resolutions of the Director of the SPTO dated March 25 and May 13, 2020, and for those that have not yet completed the corresponding procedure, will begin to be counted in full from June 1, 2020.

The question of resumption of deadlines does not affect appeals, since the deadlines for filing any appeal that was still on the March 14 deadline and for filing an appeal regarding resolutions issued during the state of alarm until May 30, 2020, restarted on June 1 and will expire in all cases on July 1.

Contact the Spanish Patent and Trademark Office (SPTO)
902 157 530 información@oepm.es
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