Legal subjectivity:
Whether a patent right restoration request can be approved is not directly related to the length of time. It is related to whether the application materials submitted by the parties comply with the regulations. According to relevant legal provisions, if the patent right is lost due to force majeure, the patentee may submit a restoration request to the Patent Administration Department of the State Council within 2 months from the date the obstacle is eliminated, and at the latest 2 years from the expiration date. A request for rights, stating the reasons and requesting restoration of rights. Legal objectivity:
Article 6 of the "Patent Law Implementing Rules" If a party delays the time limit stipulated in the Patent Law or these Rules or the time limit designated by the Patent Administration Department of the State Council due to force majeure, resulting in the loss of its rights, Within 2 months from the date when the obstacles are removed, and at the latest within 2 years from the date of expiration, a request can be made to the patent administration department of the State Council for the restoration of rights. 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 if necessary, and complete the corresponding procedures that should be completed before the loss of rights; in accordance with paragraph 2 of this article If you request restoration of rights according to the provisions of this paragraph, 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.