1. The restoration of the patent right shall be filed with the patent administration department of the State Council and filed within the prescribed time limit. The termination of the patent right refers to the expiration of the protection period of the patent right or the termination of the patent right for some reason. 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.
2. Legal basis: Article 6 of the Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law.
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.
If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees.
Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities.
The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law.
2. What are the patent rights?
The patent right includes the following contents:
1, exclusive exploitation right, and no unit or individual may exploit its patent without the permission of the patentee; The obligee can exclusively manufacture patented products, exclusively use patented technology, design and exclusively sell patented products;
2. Transfer right, the obligee has the right to transfer the patent ownership he has obtained to others, but the transfer of the patent right to foreigners requires the approval of the relevant departments;
3, licensing rights, the right holder can authorize others to license the patent, and charge a certain fee;
4, the right to mark, you can indicate the patent mark and patent number on the patented product and its packaging;
5, the right to request protection, in the case of patent infringement, the right to request the people's court and the patent administration department to stop the infringement;
6. Give up the right, you can give up your patent right in writing;
7. Pledge right, you can pledge your own patent right for financing;