The patent can be restored when it is about to expire, and it cannot be restored if it expires too long. Article 6 of the Detailed Rules for the Implementation of the Patent shows that if a party delays the time limit stipulated in the Patent Law due to irresistible reasons, resulting in the loss of his rights, he may request the the State Council Patent Administration Department 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.
When the State Administration of Taxation issues a notice of termination, the patentee will be given two months to apply for restoration rights.
However, patent restoration should abide by the following principles: First, if the parties delay the deadline due to irresistible reasons, resulting in the loss of rights, they should explain the reasons to the Patent Office, and attach a request for right restoration and patent certification documents to request patent restoration. Second, if the party concerned delays the deadline for justifiable reasons, resulting in the loss of rights, he may explain the reasons to the Patent Office within two months after receiving the patent notice and request the restoration of rights. In addition, irresistible reasons mainly refer to natural and man-made disasters, in addition to business trips, illness, vacations, etc., but reasons such as marriage, childbirth, and vacations are not recognized by the Patent Office. Third, if the maintenance fee or annual fee is not paid, the patent right shall be restored, the request shall be submitted with relevant certificates, and the corresponding restoration fee shall be paid. According to Article 96 of the Detailed Rules for the Implementation of the Patent Law, if the patentee fails to pay the annual fee on time or the amount paid is insufficient after the year when the patent right is granted, it will notify the patentee to pay the annual fee within six months from the date of expiration, and at the same time pay a late fee. For each month that exceeds the prescribed payment time, the amount will be calculated as 5% of the annual fee for the current year.
If it is the above two cases, it can be restored and the procedure is relatively simple. If it meets the requirements, the patent office will reissue the patent certificate, but it cannot be restored after more than two years. In addition, when the patent is restored, the registration fee should be paid in addition to the request fee.