Author: Michele Ferrante, Founder and Managing Partner at Ferrante IP.
Under normal circumstances, the term for supplementing such documents is 3 months from the preliminary filing. Applications for an extension are open to foreign plaintiffs who are prevented from meeting the deadline by measures taken in their own jurisdiction to contain the spread of the disease.The application needs to explain the reasons for the delay and how it is caused by the COVID-19 outbreak. Solid evidence proving such delay is needed, such as a formal notice of temporary closure of authorities or relevant media coverage.
The Beijing IP Court will decide whether an extension can be granted based on the circumstances of each case.
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