How to recover after patent termination

If the party concerned delays the deadline due to irresistible reasons, resulting in the loss of his rights, he may, within two months from the date when the obstacle is removed, and at the latest within two 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 his rights;

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;

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.

Legal basis: Article 6 of the Detailed Rules for the Implementation of the Patent Law stipulates that the party concerned delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department of the State Council due to irresistible reasons;

If the right is lost, the administrative department for patent in the State Council may be requested to restore the right within 2 months from the date of removal of the obstacle, or at the latest within 2 years from the date of expiration of the time limit.