How to recover after the termination of patent right?
After the patent right is granted, it is not only invalid, but also may lead to the termination of the patent right. So how to recover after the termination of the patent right? Next, Bajie Intellectual Property takes you to know the relevant knowledge. How to deal with the restoration after the termination of patent right 1. How to deal with the restoration after the termination of patent right 1 Generally, when the patent office issues a notice of termination, it will give the patentee a reasonable period (2 months) to apply for the restoration of rights. 2. If the patentee fails to apply within the time limit, the patent right will eventually be lost; However, the patentee fails to implement it due to force majeure or other legitimate reasons. Justifiable cause means that the patentee has exhausted all possible means and still cannot apply on time. Second, how to resume after the termination of the patent right According to the provisions of the Patent Law of China and its detailed rules and the Examination Guide, if the annual fee is not paid on time, it will be regarded as giving up and terminating the patent right. Under normal circumstances, if you put forward a request to restore the patent right within two months after receiving the notice of patent termination and explain the reasons, you can restore the patent right. It is generally difficult to restore the patent right beyond this time limit. The following principles must be observed when requesting the restoration of rights: (1) If the party concerned delays the deadline due to irresistible reasons, resulting in the loss of rights, he may, within 2 months from the date when the obstacle is removed, but at the latest within 2 years from the date when the deadline expires, explain the reasons to the Patent Office and attach relevant supporting documents to request the restoration of rights; (2) If the party concerned delays the deadline for justifiable reasons, resulting in the loss of rights, he may explain the reasons to the Patent Office within 2 months from the date of receiving the notice from the Patent Office and request the restoration of rights; (3) Those who fail to pay the maintenance fee or annual fee on schedule can only request the Patent Office to restore their rights on irresistible grounds.