Where the time limit is delayed and it is not possible to request the restoration of the patent righ

1. Where a party loses its rights due to the delay of the statutory time limit or the specified time limit due to force majeure, the time for making the request shall be within 2 months from the date on which the obstacle is removed or within 2 years from the date of expiration of the time limit. The so-called "cause of force majeure" in the legal profession is referred to as force majeure, which refers to the irresistible reasons caused by natural or social factors that the parties cannot foresee, avoid and overcome, such as **, drought, turmoil, etc. If the right is lost due to such reasons, the party concerned may, within the above-mentioned time limit, explain the reasons, produce relevant evidence, file an application with the State Patent Office, and pay the fee for restoring the right in a timely manner;

2. If the party concerned loses its rights due to the delay of the statutory time limit or the specified time limit due to other legitimate reasons, the time for submitting the request shall be within 2 months from the date of receipt of the notice from the patent administration department. The so-called other justifiable reasons refer to reasons that are not caused by the intention or negligence of the parties, such as hospitalization due to illness, failure to receive relevant documents beyond the presumption period, etc., and the loss of rights due to such reasons, the right may be restored, and at the same time, compensation shall be made for the original procedures and the fee for the restoration of the right shall be paid.

Paragraph 5 of Article 6 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China (hereinafter referred to as the "Detailed Rules") states: "The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limits provided for in Articles 24, 29, 42 and 68 of the Patent Law." The four provisions of the Patent Law stipulate the time limit for non-loss of novelty, the priority period, the time limit for patent rights, and the statute of limitations for patent infringement.

Paragraphs 1 and 2 of Article 6 of the Implementing Rules of the Patent Law stipulate the conditions under which a party may request restoration of its rights after it has lost its rights due to the delay in the time limit. Paragraph 5 of this article also stipulates that the loss of rights caused by the delay of the four periods of non-loss of novelty, the priority period, the patent right period and the statute of limitations for infringement shall not be subject to a request for restoration of rights.

If a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department due to force majeure, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and within 2 years from the date of expiration of the time limit at the latest.

In addition to the circumstances provided for in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department for other legitimate reasons, resulting in the loss of its rights, it may request the patent administration department to restore its rights within 2 months from the date of receipt of the notice from the patent administration department.

Article 6 of the Detailed Rules for the Implementation of the Patent Law (Detailed Rules for the Implementation of the Patent Law) If a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department due to force majeure, resulting in the loss of its rights, it may apply to the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and at the latest within 2 years from the date of expiration of the time limit.

Where a party requests restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, it shall submit a written request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should be completed before the loss of rights; Where a request for restoration of rights is made in accordance with the provisions of paragraph 2 of this article, a fee for the restoration of rights shall also be paid.

1. How long does it take to reinstate the patent right?

Under normal circumstances, if the State Intellectual Property Office receives the restoration of the patent right, it shall start from the date of receipt. The case should be closed within the following deadlines:

1) The first notice of reasons for examination shall be issued within 45 days for the application for a patent for invention, and the case shall be closed within one year;

2) Utility model and design patent applications shall be closed within two months.

2. What are the results of the examination and approval of the resumption of patent rights?

1) Grant of restoration: If the request for restoration of rights complies with the provisions or is amended and the cause of the loss of rights is eliminated, the Patent Office shall make a qualified examination conclusion, grant the restoration of rights, and issue a notice of approval of the request for restoration to the party who has gone through the restoration procedures. If a decision on the restoration of rights has already been announced, the decision to restore the right shall also be published in the Patent Gazette.

2) Non-restoration: The circumstances of non-restoration mainly include applications for restoration beyond the prescribed time limit or rejection of the materials that do not comply with the regulations.

Rights are protected during the patent recovery period. According to the relevant laws and regulations, during the period of loss of patent rights, if another person maliciously starts to manufacture the same product, uses the same method, or has made the necessary preparations for manufacturing or use, it shall be deemed to be an infringement, and the person who has been injured by the loss of patent rights may claim compensation. Stupid.

[Legal basis].Article 6 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

If a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department due to force majeure, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and within 2 years from the date of expiration of the time limit at the latest.

In addition to the circumstances provided for in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department for other legitimate reasons, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within two months from the date of receipt of the notice from the patent administration department.

1) The time limit for restoration of the patent right is two months from the date on which the obstacle is removed, and at the latest within two years from the date of expiration of the time limit, the applicant may apply to the patent administration department of the State Council for restoration of the right. Patents are sometimes frozen due to some factors, and they can be unfrozen after being reviewed and correct, and this process takes time.

2) In addition to the circumstances provided for in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department for other legitimate reasons, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within 2 months from the date of receipt of the notice from the patent administration department.

1. Patent rights are minor factors.

1) The termination of the patent right refers to the expiration of the term of protection of the patent right or the invalidation of the patent right for some reason. The main cases are as follows:

1. Failure to pay the annual fee in accordance with the regulations;

2. The patentee renounces the patent right by a written statement;

3. The patent right shall be terminated upon the expiration of the patent right.

2) If the patent annuity fee has not been paid or paid in full upon the expiration of the overdue period of patent annuity, within two months from the date of expiration of the overdue period, and no earlier than one month at the earliest, a notice of termination of the patent right shall be made and the patentee shall be notified, and if the patentee has not initiated the restoration procedure or the restoration has not been approved, it shall be registered and announced in the patent register and the patent gazette respectively four months after the notice of termination is issued.

2. How to restore patent rights.

1) Generally, when the patent office issues a notice of termination, it will give the patentee a reasonable period of time (2 months) to file an application for restoration of rights. If the patentee fails to apply within the time limit, the patent right will eventually be lost; Unless the patentee overdues due to force majeure or other justifiable reasons. Force majeure is needless to say, justification means that the patentee has exhausted all possible means but still cannot apply on time, and in this case, Qiao can apply by mail or other means, so his claim is not a justifiable reason.