As reported, the Canadian Intellectual Property Office ("CIPO") announced that March 16th, 2020 to March 31st, 2020 inclusive would be considered "designated days" under the applicable Canadian intellectual property legislation; the time to respond to certain CIPO actions therefore was extended to April 1st.

CIPO has now announced that April 1st, 2020 to April 30th, 2020 inclusive will also be considered "designated days". This designation is in addition to the previous designation noted above. This means that if a CIPO deadline under the Patent Act, Trademarks Act and/or Industrial Design Act falls on any of these additional designated days, the time period to respond may now be extended to the next business day (e.g. May 1st, 2020).

CIPO had indicated that, if the circumstances that led to this designation continues, CIPO may decide to extend the applicable time period.

To assist those having or seeking patent rights in Canada, we reported that CIPO has also prepared a series of Frequently Asked Questions ("FAQs") regarding the COVID-19 service interruptions and patent prosecution matters. Information on service interruptions with respect to the Trademarks Opposition Board ("TMOB") can be found here.

While the above noted designations by CIPO apply to most, but possibly not all, due dates that originate with CIPO (see the CIPO FAQ page noted above), it is likely that obligations under international treaties and/or conventions, such as the Paris Convention and the Patent Cooperation Treaty, may still apply and must be complied with accordingly. As such, any action(s) required to be taken in Canada between now and April 30th should be taken on or before the applicable date or discussed with a Canadian patent agent in order to ensure all rights in Canada and abroad are maintained.

Fasken has also established a Coronavirus (COVID-19) Knowledge Centre. Given the number of cases of COVID-19 in North America, and continued uncertainty around the world, organizations must plan to manage the impact on their operations and workforces, as well as protect their employees, their families and communities. Ensuring the health and safety of our people, clients and business partners is Fasken's top priority.

Fasken's IP group continues to take steps to ensure continuity of our services to our clients over this period, largely by working remotely. As CIPO's online solutions are available 24/7 and from anywhere, we are available to continue to assist our clients during this period. Please don't hesitate to reach out, should you need assistance. In the meantime, we will continue to keep you informed of any developments as they occur.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.