1, the parties delay the deadline due to irresistible reasons, resulting in loss of rights.
Within 2 months from the date of removal of obstacles, but at the latest within 2 years from the date of expiration of the time limit, you may explain the reasons to the Patent Office and attach relevant supporting documents to request the restoration of their rights;
2. If a party 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 rights;
3. If the maintenance fee or annual fee is not paid as scheduled, you can only request the Patent Office to restore its rights on irresistible grounds.
Extended data:
The termination of the patent right mainly includes the following situations:
1. Failing to pay the annual fee as required;
2. The patentee waives the patent right in writing;
3. When the term of patent expires, the patent right shall be terminated.
Patent law is the sum total of legal norms to adjust certain social relations arising from inventions and promote technological progress and economic development.
As far as its nature is concerned, patent law is both a domestic law and a foreign-related law;
It is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, examination and approval.
It is not only a law to adjust the vertical relationship between patent application, examination, approval and patent implementation management, but also a law to adjust the horizontal relationship between patent ownership, patent transfer and license.
References:
China PUFA Network-Civil and Commercial Law