1. Delaying the application period for review (within 3 months from the date of receiving the rejection decision) with justifiable reasons, resulting in the loss of the right to request review;
2. Due to justifiable reasons, the designated reply period of the notice of reexamination is delayed (within 1 month from the date of receiving the notice of reexamination), resulting in the loss of the right to apply for a patent. There is a difference between these two situations when dealing with the restoration of rights.
Restoration of the right of review
According to the patent law, the time limit for the patent applicant to request reexamination is three months from the date of receiving the rejection decision, which is the legal time limit. At the expiration of the time limit, if the patent applicant fails to make a request for reexamination, the rejection decision will take effect, and China National Intellectual Property Administration will not issue a decision on punishment for loss of rights. Based on this, the recovery period of the right of review should start from the 1 day after the expiration of the above-mentioned three-month period, and be counted backwards for two months.