According to the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the provisions are as follows:
Article 6 Where 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 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 two months from the date when the obstacle is removed, or at the latest within two years from the date when the time limit expires. ?
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.
Extended data
According to the Patent Law of People's Republic of China (PRC):
1 article 47 in any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
1. Failing to pay the annual fee as required;
2. The patentee waives his patent right in writing.
The termination of the patent right shall be registered and announced by the Patent Office.
2. Article 48 After the expiration of six months from the date when the Patent Office announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.
3. Article 49 The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision and notify the petitioner and the patentee. The decision to declare the patent right invalid shall be registered and announced by the Patent Office.
Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the invention patent invalid or maintain the invention patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice.
The decision made by the Patent Reexamination Board on the request for invalidation of the patent right for utility model and design is final.
Baidu Encyclopedia-Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law?