Can the patent right be restored after its termination?

Due to irresistible reasons, after the termination of the patent right, the parties may resume the patent right. Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that if a party loses his rights due to irresistible reasons, he may request the patent administration department of the State Council to restore his rights within 2 months from the date when the obstacle is removed, or at the latest within 2 years from the date when the time limit expires.

legal ground

Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC)

Where the party concerned 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 2 months from the date when the obstacle is removed, or at the latest within 2 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.