Procedure for requesting restoration of patent rights: The person requesting restoration of patent rights shall submit a request for restoration of rights to the Patent Administration Department of the State Council within 2 months from the date when the obstacles are eliminated, and at the latest within 2 years from the date of expiration of the time limit. After explaining the reasons and attaching relevant supporting documents if necessary, you can request to restore your rights.
Legal Basis
Article 6 of the "Patent Law Implementing Rules"
The party delays the time limit specified in the Patent Law or these Rules due to force majeure or the State Council If the time limit specified by the patent administrative department results in the loss of rights, the person may request the patent administrative department of the State Council to restore the rights within 2 months from the date when the obstacles are removed, and at the latest 2 years from the date of expiration of the time limit.
If a party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and handle the necessary procedures before the loss of rights. Corresponding procedures; if you request restoration of rights in accordance with the provisions of paragraph 2 of this article, you must also pay a request fee for restoration of rights.
The provisions of paragraphs 1 and 2 of this article shall not apply to the time limits specified in Articles 24, 29, 42 and 68 of the Patent Law.