How to write patent restoration?

Generally speaking, the patent office will give the patentee a reasonable period (2 months) to file an application for restoration of rights when it is issued. If the patentee fails to apply within the time limit, the patent right will eventually be lost; However, the patentee fails to implement it due to force majeure or other legitimate reasons. Of course, when requesting patent restoration, the following principles must be observed:

(1) If the party concerned delays the deadline due to irresistible reasons, resulting in the loss of rights, it may, within 2 months from the date when the obstacle is removed, and at the latest within 2 years from the date when the deadline expires, explain the reasons to the Patent Office, and attach relevant supporting documents to request the restoration of the patent right;

(2) 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 2 months from the date of receiving the notice from the Patent Office and request the restoration of the patent right;

(3) Those who fail to pay the maintenance fee or annual fee on schedule can only request the Patent Office to restore their rights on irresistible grounds. To go through the formalities for the restoration of rights, the Patent Right Restoration Request and relevant certificates shall be submitted, and the corresponding restoration fee shall be paid.

legal ground

According to the provisions of Article 6 of the Detailed Rules for the Implementation of the Patent Law, if a party delays the time limit specified in the Patent Law or these Detailed 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 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.

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