Covid-19 procedural deadlines for intellectual property law in Austria

As of May 2020 court hearings may take place via video conference in case the parties involved agree on such form of hearing and the technical equipment at the Court is sufficient. It is also possible to take evidence via video conference.

Also, any person involved in the proceedings e.g. witnesses, translators, court experts etc may apply for a court hearing via video conference, if there is an increased health risk from COVID-19 for themselves or for persons with whom they are in private or professional contact. Such risk needs to be certified. 

All deadlines were interrupted until April 30, 2020. As of May 1, 2020 all time limits run anew.

Any deadlines set by the Patent Office as well as deadlines for filing appeals were automatically extended until April 30, 2020. As of May 1, 2020 these time limits did start anew.

Statutory deadlines in national IP Laws, such as the Patent Act, Trademark Act, Design Act etc., were suspended as of March 16, 2020 until April 30, 2020 (e.g. oppositions, cancellation and invalidity deadlines). After April 30, 2020, these deadlines continue running. If only a part of the deadline (its beginning or its ending) falls into the suspension period, only the remaining part will be added. 

Deadlines for payment of annuities or renewal fees remain untouched.

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