The magnitude of COVID-19 is felt in every area of life. Travel bans were enforced. Secondary schools have classes canceled, and universities have completed online training full time. Toilet paper and hand sanitizer supplies are limited. Neither was the intellectual property world did not protect from COVID-19.
The IP proper means of compliance are affected. The U.S. federal court system is eligible for trademarks, trade secrets, patents and copyright, just those two. Several federal district courts have required major physical access reduction. For example, for a period of at least 30 days, the United States District Court for the Northern Regional of Georgia has issued a standing order which closed a division over a period of a week including workers, due to the presumed COVID-19 positive hospitalization of an agent with symptoms. USA courts of appeal also took measures to restrict coronavirus exposure and spread. The Court of Appeals for example for the Federal Circuit, the sole patent appeal circuit, has restricted building entry, and many telephone hearings are arranged for, to court employees, media and legal counsel and groups. The Commission also has suspended paper copies of electronically submitted papers. And the United States Supreme Court has until further notice closed its doors to the public. Legal businesses, however, continue to work in most federal courts except for certain restrictions. For instance, electronic pleadings are still approved at all levels and judges continue to issue orders on pending motions. Procurators may also approach court officials, judges, etc., as well as lawyers who disagree, to lobby on behalf of their clients.
USA Court System
Similarly, to the federal court system, steps are being taken to ensure the health and safety of its workers and the public by the United States Patent and Trademark Office (USPTO)and the United States Copyright Office. The USPTO and the Copyright Bureau are both publicly closed and still provide people with assistance through telephone, email and online services. The proceedings at the Court and Appeal Boards on patents and trademarks are now carried out by telephone or video remotely. However, for all communications, the USPTO waived the provision for initial handwritten signatures. Indeed, most of the day-to-day duties of the USPTO include issuing Office Actions (with the author three in the past week), engaging in telephone interviews (two) and issuing an allocation notice (welcoming one gratefully this week).
Additional steps have also been taken by international patent and trademark offices for patentees and proprietors. Like the USPTO, either oral proceedings were postponed or needed to be held via videoconference by the European Patent Office (EPO). The EPO and the EU IPO have also extended the time-limit for reacting to patent and mark action due to the effect of COVID-19. The Commission has also extended its time-limit to the EPO. While not extending deadlines the USPTO has waived petition fees for situations where applicants or owners cannot respond promptly to a correspondence from the Office which leads to the abandonment of patent and trademark applications, the termination of revisions or the cancelation or expiry of the registered label.
It is clear that COVID-19 has profoundly influenced all facets of our lives, and there is no different effect on intellectual property.