Legal subjectivity:
The way to restore patent rights after a patent expires is if the party delays the time limit stipulated in the Patent Law or these Rules due to force majeure or the time limit specified by the Patent Administration Department of the State Council. , resulting in the loss of its rights, within 2 months from the date when the obstacles are eliminated, and at the latest within 2 years from the date of expiration, the patent administration department of the State Council may request to restore the rights.
Article 65 of the "Patent Law Implementing Rules" stipulates that in accordance with the provisions of Article 45 of the Patent Law, if a request is made to declare the patent right invalid or partially invalid, the patent right shall be invalidated to the Patent Reexamination Board. Declaration request and necessary evidence in duplicate. The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based. Legal objectivity:
"Patent Law Implementing Rules"
Article 65
Request for declaration of patent rights in accordance with Article 45 of the Patent Law If the patent is invalid or partially invalid, a request for invalidation of the patent right and necessary evidence in duplicate shall be submitted to the Patent Reexamination Board. The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based.
The reasons for requesting invalidation mentioned in the preceding paragraph refer to the fact that the invention-creation for which the patent is granted does not comply with Article 2, Article 20, Paragraph 1, Article 22, and Article 20 of the Patent Law. Article 3, Paragraph 3 and 4 of Article 26, Paragraph 2 of Article 27, Article 33 or Paragraph 2 of Article 20 and Paragraph 1 of Article 43 of these Rules stipulations, or it falls under the provisions of Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law.