How to restore the patent right in general?
How to restore the patent right in general? According to the detailed rules for the implementation of the Patent Law of China, anyone who requests to restore the patent right shall file an application with the patent administration department of the State Council, and do so within the prescribed time limit. The termination of the patent right refers to the expiration of the patent protection period or the invalidation of the patent right for some reason. There are mainly the following situations: (1) Failure to pay the annual fee as required; (2) The patentee waives the patent right in writing; (3) When the patent right expires, the patent right will be terminated. Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) * * * Where 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 in the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of removal of the obstacle, at the latest within 2 years from the date of expiration of the time limit. In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council for other legitimate reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of receiving the notice from the patent administration department in the State Council. If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees. Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities. The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law. With the continuous improvement of the degree of legalization in China, people's awareness of the legal system is also constantly improving, so people pay more and more attention to many marginal legal rights protection, and many people are not familiar with intellectual property rights. In recent years, they have also paid more attention to patent rights. To restore the patent right, an application shall be filed with the relevant departments of the State Council, and an application shall be filed within the time limit.