Patent application

The restoration of patent right refers to the act that the party concerned requests the restoration of its rights through corresponding procedures when some of its rights are lost due to some reasons. In China, where a party concerned delays the time limit prescribed by law or the time limit designated by the administrative department for patent under the State Council due to force majeure, thus resulting in the loss of his / her rights, he / she may, within 2 months from the date of elimination of the obstacles or at the latest within 2 years from the date of expiration of the time limit, request the administrative department for patent under the State Council to restore his / her rights. In addition to the above circumstances, if the p arty concerned delays the time limit prescribed by law or the time limit specified by the administrative department for patent under the State Council due to other legitimate reasons, thus resulting in the loss of its rights, it may, within 2 months from the date of receiving the notice from the administrative department for patent under the State Council, request the administrative department for patent under the State Council to restore its rights. The party concerned shall submit a request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, go through the corresponding procedures that should be handled before the loss of rights, and pay the claim fee for restoration of rights in accordance with the provisions. If the novelty exception, the period of priority, the period of patent right and the limitation period of patent litigation are delayed, the relevant provisions on the restoration of rights shall not apply.

Date of publication: 2020/11/07 14:16:08 Number of browsing:129