Covid-19, extension of the deadline for administrative proceedings to 15 May
The Italian Decree-Law no. 23 on "Urgent measures regarding access to credit and tax obligations for companies, special powers in strategic sectors, as well as, interventions on health and work, on the extension of administrative and procedural terms" was published in the Official Gazette on 8th April 2020.
Article 37 establishes the extension until May 15th, 2020 of the suspension of the terms of pending administrative proceedings, previously set for April 15th, 2020.
As a result, all terms pending on 23rd February 2020 or started after that date, including peremptory ones, relating to administrative proceedings at the request of a party or ex officio, are suspended between 23rd February 2020 and 15th May 2020.
The Italian decree-law no. 27 on "Measures to strengthen the National Health Service and economic support for families, workers and businesses connected to the epidemiological emergency from COVID-19" was published in the Official Gazette on 24th April 2020.
In Article 103, paragraph 2, it is provided that all the statements, certificates, permits, concessions, authorizations and authoritative documents, however denominated, including those relating to the industrial property titles, expiring between 31 January 2020 and 31 July 2020, retain their validity for the ninety days following the declaration of the end of the state of emergency.
For industrial property rights, upon expiration of this period, it is the responsibility of the interested party, who intends to extend the duration of an industrial property right, to take due action, in the forms already provided for by the law, in order to achieve its maintenance or renewal, with payments in the forms already provided for by the law.
The Office will promptly inform users about the date of the end of the state of Emergency.
The suspension of the terms relating to appeals before the Board of Appeals is excluded, as they refer to proceedings of a judicial and non-administrative nature.
Finally, it should be noted that for international patent applications and European patent applications (first filings), international trademark applications and international trademarks renewal applications, there is no suspension of the related time limits, except within the limits indicated by the competent international or European Organisations.